ALS Oil & Gas Pty Ltd T/A ALS Oil & Gas

[2016] FWCA 5153

[2016] FWCA 5153

The attached document replaces the document previously issued with the above code on 11 August 2016

The title of the agreement has been amended where it appears, to read:

The Earth Data Enterprise Agreement 2011

The publication id has been corrected to: AE888758

Publications team

On behalf of COMMISSIONER SIMPSON

Dated 23 May 2018

[2016] FWCA 5153

FAIR WORK COMMISSION

DECISION

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

ALS Oil & Gas Pty Ltd T/A ALS Oil & Gas
(AG2016/4007)

THE EARTH DATA ENTERPRISE AGREEMENT 2011

Oil and gas industry
COMMISSIONER SIMPSON	BRISBANE, 11 AUGUST 2016

Application for termination of The Earth Data Enterprise Agreement 2011.

[1] On 22 July 2016 ALS Oil & Gas Pty Ltd T/A ALS Oil & Gas (“the Employer”) filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”)to terminate The Earth Data Enterprise Agreement 2011 (“the Agreement”).

[2] Schedule 3 item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the Transitional Act”) provides that Subdivision D of Division 7 of Part 2-4 of the Act applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[3] The Agreement is a collective agreement-based transitional instrument and its nominal expiry date was 14 October 2014.

[4] The relevant provisions of the Act are as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

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.

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.”

[5] I have had regard to the Statutory Declaration of Jess Maddren that accompanied the application. The Fair Work Commission is advised no employees are employed under the Agreement. No person has indicated that they want to be heard on the application.

[6] This matter was listed for an e-Hearing on 11 August 2016.

[7] On the basis of the material before me, I am satisfied that it is not contrary to the public interest to terminate the agreement and that termination of the agreement is appropriate having regard to the circumstances.

[8] I, therefore, determine that the Agreement shall be terminated pursuant to section 226 of the Act. In accordance with section 227 of the Act, the termination of the agreement shall operate from 11 August 2016.

COMMISSIONER

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<Price code A, AE888758  PR583466>