AGR Management Services Pty Ltd

[2019] FWCA 7198

[2019] FWCA 7198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

AGR Management Services Pty Ltd
(AG2019/3770)

AGR MANAGEMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 OCTOBER 2019

Application for termination of the AGR Management Services Pty Ltd Enterprise Agreement 2014.

[1] This decision concerns an application made by AGR Management Services Pty Ltd (the Applicant) on 2 October 2019 for the termination of the AGR Management Services Pty Ltd Enterprise Agreement 2014 1(the Agreement) under s 225 of the Fair Work Act 2009 (Cth) (the Act).

[2] 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.

[3] Section 226 of the Act 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.

[4] In support of its application the Applicant has provided a statutory declaration from Ms Jessica Houghton, Business Partner, People and Culture, in addition to submissions, other materials and the documented views of the relevant employees.

Consideration

[5] Having considered all submissions, witness evidence and materials filed, I am satisfied that the termination of the Agreement is not contrary to the public interest, and in the circumstances of this case, it is appropriate to terminate the Agreement.

[6] I have found the termination of the Agreement would result in improved conditions of employment for the employees. Further, I have taken into account the views of the employees, and the view of the Applicant, all of whom are supportive of the termination of the Agreement.

Conclusion

[7] For the reasons above, the Agreement must be terminated pursuant to s 226 of the Act.

[8] An Order 2 will be issued terminating the Agreement with effect on 17 October 2019.

DEPUTY PRESIDENT

 1  [2014] FWCA 5865; AE409782.

 2   PR713484.

Printed by authority of the Commonwealth Government Printer

<AE409782  PR713464>