A. Tomballe Insulations Pty Ltd T/A Tomballe

[2018] FWCA 4251

[2018] FWCA 4251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

A. Tomballe Insulations Pty Ltd T/A Tomballe
(AG2018/1257)

A TOMBALLE INSULATIONS PTY LTD AND THE AMWU (ALTONA AREA) ENTERPRISE AGREEMENT 2014-2017
(ODN AG2014/9638)  [AE410852]

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 26 JULY 2018

Application for termination of the A Tomballe Insulations Pty Ltd and the AMWU (Altona Area) Enterprise Agreement 2014-2017.

[1] On 3 April 2018, A. Tomballe Insulations Pty Ltd (“the Applicant”) lodged an application for the termination of the A Tomballe Insulations Pty Ltd and the AMWU (Altona Area) Enterprise Agreement 2014-2017 (“the Agreement”), under s.225 of the Fair Work Act 2009 (the Act).

[2] The Applicant provided an undertaking in relation to this application. A copy of that undertaking is annexure A to this decision.

[3] On the basis of the above undertaking, the AMWU did not oppose the application. Further no opposition to the application was received from the Applicant’s employees.

[4] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision. An order giving effect to this decision is separately issued in PR609417.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE410852  PR609117>

Annexure A

A.Tomballe Insulations Pty Ltd

1 Fink St Williamstown Nth Vic 3016

Phone [phone]

Email [email protected]

Web

ABN 17 005 171 611

Chambers of Commissioner Cirkovic

In the Fair Work Commission Melbourne

AG2018/1257 and AG2018/1259

23 July 2018

Dear Commissioner Cirkovic,

Tomballe is currently, and will continue to, pay to its employees the rates of pay in the “Wages Schedule” as per its proposed Enterprise Agreement Draft dated 4 May 2018 (which was not agreed to by the AMWU) and which was submitted as document number MT-19 in the course of the company’s application for termination of its Enterprise Agreements past their nominal expiry date. Such rates of pay are higher than the rates payable under the expired agreements and well above those stipulated under the Manufacturing and Associated Industries and Occupations Award 2010.

The company undertakes to continue paying the rates of pay taken from the “Wages Schedule” for six (6) months from the date of the decision to terminate the A Tomballe Insulations Pty Ltd and the AMWU (Altona Area) Enterprise Agreement 2014-2017 and the A. Tomballe Insulations Pty Ltd Mobil Altona Refinery Mechanical Construction/Maintenance Certified Agreement 2012-16.

We thank the Commission for its time in this matter.

Michael Tucci

Director of Business Operations

Tomballe