Application by Cleanaway Operations Pty Ltd
What happened
Cleanaway Operations Pty Ltd applied to terminate the SUEZ No. 1 Engineering Trades Enterprise Agreement 2021. The agreement's nominal expiry date was October 1, 2022. Cleanaway acquired SUEZ Sydney assets in December 2021, and the agreement initially covered one employee who was later employed by Cleanaway. That employee is no longer with the company. The Transport Workers’ Union of Australia (TWU) is a party to the agreement.
What was decided
The Fair Work Commission (FWC) has ordered the termination of the SUEZ No. 1 Engineering Trades Enterprise Agreement 2021. The FWC found the agreement does not cover any employees, satisfying the requirements of section 226(1)(b) of the Fair Work Act. The TWU did not oppose the termination. The agreement will terminate on the date of the decision.
What it means for employers
Employers seeking to terminate agreements should ensure the agreement genuinely no longer covers any employees. Obtaining agreement from relevant employee organisations can streamline the process.
What it means for employees
Employees covered by agreements that are terminated should be aware of any changes to their employment conditions. The TWU’s concurrence in this case indicates a lack of concern for affected employees.
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