SSL Security Services Pty Ltd T/A Spotless

[2021] FWCA 6506

[2021] FWCA 6506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

SSL Security Services Pty Ltd T/A Spotless
(AG2021/7988)

CRONSTEDT ENTERPRISE AGREEMENT 2015

Cleaning services
COMMISSIONER WILLIAMS	PERTH, 2 NOVEMBER 2021

Application for termination of the Cronstedt Enterprise Agreement 2015.

[1] This decision concerns an application made by SSL Security Services Pty Ltd T/A Spotless (the Applicant) for the termination of the Cronstedt Enterprise Agreement 2015 (the Agreement).

[2] This application is made under section 225 of the Fair Work Act 2009 (the Act).

[3] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[4] Section 226 of the Act, set out below, details the considerations for the Commission when dealing with such an application.

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[5] The Applicant has provided in support of its application a statutory declaration from Mr David Morris (Mr Morris), General Manager – Government & Citizen Services of the Applicant.

[6] Mr Morris explains that the Agreement has a nominal expiry date of 6 November 2019, and that the Applicant does not currently engage employees under the Agreement nor is it foreseeable it will in the future.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union (collectively, the Unions) were invited to provide any views on the application but neither has sought to make any submission regarding the application.

[8] The Applicant submits that in the circumstances terminating the Agreement would be in the public interest.

Consideration

[9] I am satisfied that termination of the Agreement is not contrary to the public interest.

[10] Taking into account the Applicant’s statement that there are no employees covered by the Agreement, which has not been challenged by the Unions, I do consider in the circumstances here that it is appropriate to terminate the Agreement.

[11] Accordingly, the Cronstedt Enterprise Agreement 2015 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

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