Australian Workers' Union v Cleanevent Australia Pty Ltd [2015] FCA 1477

Australian Workers' Union v Cleanevent Australia Pty Ltd [2015] FCA 1477

The Cleaning Services Award 2010 applies to Cleanevent and its relevant employees, as their work falls within the Cleaning Services Award's definition of 'contract cleaning services industry', including 'event cleaning'. The Amusement, Events and Recreation Award 2010 does not apply to or cover Cleanevent or its...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 December 2015
Procedural Posture
Originating Application for Declaratory Relief / Final Judgment
Outcome
Declaratory relief in favour of the applicant; orders to give effect to these reasons to be brought in.
Legal Topics
['modern Awards' 'award Coverage' 'interpretation of Industrial Instruments' 'appropriate Award Selection' 'declaratory Relief']
['industrial Law'] ['modern Awards' 'award Coverage' 'interpretation of Industrial Instruments' 'appropriate Award Selection' 'declaratory Relief']

Source-derived case record

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Procedural Posture

Originating Application for Declaratory Relief / Final Judgment

Legal Issues

  1. 1 ['Whether Cleanevent and its employees are covered by the Cleaning Services Award 2010 or the Amusement, Events and Recreation Award 2010' "Which award is the 'most appropriate' for Cleanevent's employees post termination of the previous agreement" 'Principles to be applied for interpreting award coverage']

Ratio Decidendi

The Cleaning Services Award 2010 applies to Cleanevent and its relevant employees, as their work falls within the Cleaning Services Award's definition of 'contract cleaning services industry', including 'event cleaning'. The Amusement, Events and Recreation Award 2010 does not apply to or cover Cleanevent or its employees because: cl 4.2 of that award refers to operators of amusement and events facilities, not contractors providing cleaning services at those venues; cl 4.2(d)'s extension is confined to activities within the venues by operators or closely integrated entities, not external cleaning contractors. Even if there were overlap, the Cleaning Services Award is the 'most...

Court Disposition

Declaratory relief in favour of the applicant; orders to give effect to these reasons to be brought in.

Orders

  • ['The parties are to bring in Short Minutes of Orders to give effect to these reasons on or before 2 February 2016.']