Akkari Tiling Pty Ltd

[2017] FWCA 3791

[2017] FWCA 3791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Akkari Tiling Pty Ltd
(AG2017/2343)

AKKARI TILING PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 19 JULY 2017

Application for termination of the Akkari Tiling Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015.

[1] On 20 June 2017 Akkari Tiling Pty Ltd (the Applicant) lodged an application pursuance to s.225 of the Fair Work Act 2009 (Cth) (the Act) to terminate the Akkari Tiling Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015 (the Agreement).

[2] The Agreement has a nominal expiry date of 31 March 2015, and the Construction, Forestry, Mining and Energy Union (the CFMEU) are covered by the Agreement.

[3] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.225 of the Act as follows:

“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] On 11 July 2017 the Commission sought the views of the union and the employee covered by the Agreement in relation to the application to terminate the Agreement by close of business 13 July 2017. On 13 July 2017 the CFMEU confirmed that they did not seek to make any submissions on the matter. No response was received from the employee.

[5] Having considered the information provided in the application, I am satisfied that it is not contrary to the public interest to terminate the Agreement, and that the termination of the Agreement is appropriate having regard to all the circumstances, as set out in the Form F24C statutory declaration filed with the application. Accordingly, the Agreement is terminated.

[6] In accordance with s.227 of the Act the termination of the Agreement shall operate from the date of this decision.

COMMISSIONER

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