Wise Employment Ltd T/A Clean Force Property Services

[2013] FWCA 9927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Wise Employment Ltd T/A Clean Force Property Services
(AG2013/11797)

CLEAN FORCE PROPERTY SERVICES AGREEMENT 2003

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2013

Application for termination of the Clean Force Property Services Agreement 2003.

[1] On 4 December 2013 Wise Employment Ltd T/A Clean Force Property Services (the Applicant) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act)to terminate the Clean Force Property Services Agreement 2003 (the Agreement).

[2] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

[3] The application was supported by a statutory declaration from the HR Advisor of the Applicant that declared, among other things, that the employees were notified of the time and place of the vote and that a ballot of employees supported the termination.

[4] Based on the material that is before the Commission including the statutory declaration provided by the Applicant, the Commission is satisfied that the requirements of s.223 of the Act have been met.

[5] In accordance with s.224 of the Act, the termination will come into effect today.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Wise Employment Ltd T/A Clean Force Property Services, the applicant sought the termination of the Clean Force Property Services Agreement 2003. The applicant argued that the respondent had breached the agreement by failing to pay the agreed fees, among other issues. The case was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the applicant had valid grounds to terminate the agreement due to the respondent's alleged breaches. The applicant claimed that the respondent had failed to pay the agreed fees and had acted in a manner inconsistent with the terms of the agreement. The respondent, on the other hand, argued that there were no valid grounds for termination and that the applicant's actions were unreasonable.

The court considered the terms of the agreement and the conduct of both parties. It found that the respondent had indeed failed to pay the agreed fees and had acted in a way that was inconsistent with the terms of the agreement. The court also found that the applicant's decision to terminate the agreement was reasonable and justified. As a result, the court granted the applicant's application for termination of the agreement.

The court ordered that the agreement be terminated with immediate effect and that the respondent pay the applicant's costs of the application. The court also made orders for the return of property and the payment of outstanding fees. The decision provides guidance on the circumstances in which an agreement may be terminated and the factors that the court will consider in making such a decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established