ASA Personnel Trust, (the trustee for) T/A ASA Personnel P/L

[2022] FWCA 463

[2022] FWCA 463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

ASA Personnel Trust, (the trustee for) T/A ASA Personnel P/L

(AG2022/209)

ASA Personnel Trust (The Trustee For) T/As ASA Personnel Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 FEBRUARY 2022

Application for termination of the ASA Personnel Trust (the trustee for) T/As ASA Personnel P/L and the CFMEU Labour Hire Industry Agreement 2016-2018

1. An application has been made by ASA Personnel Trust, (the trustee for) T/A ASA Personnel P/L (the Applicant) pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the ASA Personnel Trust (the trustee for) T/As ASA Personnel P/L and the CFMEU Labour Hire Industry Agreement 2016-2018 (the Agreement). The Agreement has passed its nominal expiry date of 30 June 2018. The Applicant is the employer covered by the Agreement.

1. Section 225 of the Act provides 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.”

1. Section 226 of the Act provides 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.”

1. The application to terminate the Agreement was made by the employer who is covered by the Agreement, consistent with s.225(a) of the Act.

1. The statutory declaration of Mr Steven Richardson (Director) filed with the application states that there are no employees covered by the Agreement.

1. In considering whether it is appropriate to terminate the Agreement, I have considered the views of the CFMEU, an employee organisation covered by the Agreement. On 9 February 2022, the CFMEU advised that it “has no objection to the application for termination of the agreement.”

1. On 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 all the circumstances, including as set out in the Form F24C statutory declaration filed with the application. Accordingly, the Agreement is terminated.

1. 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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