All Round Building Solutions Pty Ltd
[2020] FWCA 1100
•27 FEBRUARY 2020
[2020] FWCA 1100
The attached document wholly replaces the document previously issued with the code [2020] FWC 1066 on 27 February 2020 to correct document referencing.
Associate to Deputy President Mansini
28 February 2020.
| [2020] FWCA 1100 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
All Round Building Solutions Pty Ltd
(AG2020/215)
ALL ROUND BUILDING SOLUTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MANSINI | MELBOURNE, 27 FEBRUARY 2020 |
Application for termination of the All Round Building Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.
[1] All Round Building Solutions Pty Ltd (the Applicant) has applied to terminate its All Round Building Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement) under the Fair Work Act 2009 (Cth) (the Act).
[2] The Agreement was approved by the Commission on 29 July 2014 and has a nominal expiry date of 31 March 2015.
[3] On 24 February 2020, a telephone Mention/Conference was convened. The Applicant requested that the Commission waive an irregularity in the form of its original application, such that the application is made pursuant to s.225 of the Act. In the circumstances, I am satisfied that it is appropriate to allow the amendment and do pursuant to s.586 of the Act.
[4] The Commission has received evidence of Mr Dale Cheesman, Director of the Applicant, in support of the application to terminate the Agreement. The evidence of Mr Cheesman is that the Applicant no longer employs any person(s) within coverage of the Agreement.
[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (formerly the CFMEU), being a bargaining representative at the time the Agreement was approved and covered by the Agreement, was provided with the application and related materials and given an opportunity to provide any views to the Commission in relation to the application. On 20 February 2020, the CFMMEU advised the Commission that it did not oppose the application and requested that it be excused from attending the proceedings in this matter.
[6] In the circumstances, I have decided to determine the application on the papers.
[7] Having regard to the materials before the Commission and the matters I am required to take into account pursuant to s.226 of the Act:
(a) I am satisfied that termination of the Agreement is not contrary to the public interest; and
(b) I consider that it is appropriate to terminate the Agreement taking into account all of the circumstances, including the views of the employer and the CFMMEU.
[8] Accordingly, pursuant to ss.226 and 227 of the Act, I terminate the Agreement with immediate effect. An order (PR717097) giving effect to this decision will issue accordingly.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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