Ramos Cleaning Services Pty Ltd T/A Ramos Cleaning Services

[2017] FWCA 2909

[2017] FWCA 2909

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Ramos Cleaning Services Pty Ltd T/A Ramos Cleaning Services
(AG2017/1580)

LHMU AND RAMOS CLEANING SERVICES CONTRACT CLEANING CODE OF BEST EMPLOYMENT PRACTICE (VICTORIAN GOVERNMENT SCHOOLS) AGREEMENT 2005-2008

Cleaning services
DEPUTY PRESIDENT CLANCY	MELBOURNE, 26 MAY 2017

Application for termination of the LHMU and Ramos Cleaning Services Contract Cleaning Code of Best Employment Practice (Victorian Government Schools) Agreement 2005-2008.

[1] An application has been made by Ramos Cleaning Services Pty Ltd pursuant to Item 15 Sch. 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to terminate the LHMU and Ramos Cleaning Services Contract Cleaning Code of Best Employment Practice (Victorian Government Schools) Agreement 2005-2008 (the Agreement). The nominal expiry date of the Agreement was 4 April 2009.

[2] Mr Alejandro Ramos, Managing Director of Ramos Cleaning Services, provided a statutory declaration on 4 May 2017 confirming an email was sent to employees explaining the foreshadowed application and attaching a copy of the Agreement and the Cleaning Services Award 2010. 1 Mr Ramos gave employees three weeks to consider the material and lodge their vote via email. For two employees who did not have email addresses, Mr Ramos offered to provide the material in hard copy, however they advised they did not wish to review the material or vote on the proposal to terminate the Agreement. Mr Ramos said that on 21 April 2017, of 41 employees, 26 employees cast a valid vote and 26 voted to terminate the Agreement.

[3] It was noted that “The Liquor, Hospitality and Miscellaneous Union (LHMU)”, now United Voice, is a party to the Agreement. On 17 May 2017, I caused correspondence to be sent to United Voice seeking its view on the application. On 22 May 2017, United Voice advised it did not object to the application.

[4] I am satisfied that the requirements of s.223 of the Fair Work Act 2009 for the termination of an enterprise agreement have been met.

[5] The termination of the Agreement is approved with effect from 26 May 2017.

DEPUTY PRESIDENT

 1   MA000022.

Printed by authority of the Commonwealth Government Printer

<Price code A, AG847969  PR593253>