Alustain Installations P/L ATF Brett D. Morrison Family Trust T/A Alustain Installations P/L

[2013] FWCA 5917

[2013] FWCA 5917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Alustain Installations P/L ATF Brett D. Morrison Family Trust T/A Alustain Installations P/L
(AG2013/7710)

ALUSTAIN INSTALLATIONS PTY LTD CERTIFIED CONSTRUCTION AGREEMENT 2003/2006

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 AUGUST 2013

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

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) by Alustain Installations P/L ATF Brett D. Morrison Family Trust T/A Alustain Installations P/L (the Applicant) to terminate the Alustain Installations Pty Ltd Certified Construction Agreement 2003/2006 (AG829735) (the Agreement). The nominal expiry date of the Agreement is 31 March 2006.

[2] Sections 225 and 226 of the Act provide:

“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 FWA 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 FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the agreement if:

(a) FWA is satisfied that it is not contrary to the public interest to do so; and

(b) FWA 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.”

[3] The application was the subject of hearing before the Fair Work Commission on 7 and 19 August 2013.

[4] Mr Brett Morrison appeared for the Applicant. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) did not oppose the application and did not appear at the hearing. None of the employees attended the hearing.

[5] Mr Morrison advised that there would be no reduction in the employees’ terms and conditions as a result of the termination of the Agreement.

[6] Having considered the submissions of the Applicant and the statutory declaration subsequently submitted, the Tribunal is satisfied it is not contrary to the public interest to terminate the Agreement.

[7] Pursuant to ss.225 and 226 of the Act, the Agreement is terminated.

[8] The Agreement is terminated on and from 26 August 2013.

DEPUTY PRESIDENT

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<Price code A, AG829735  PR540481>