Balec Pty Ltd

[2019] FWCA 5904

[2019] FWCA 5904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Balec Pty Ltd
(AG2019/2707)

BALEC PTY LTD AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 AUGUST 2019

Application for termination of the Balec Pty Ltd and ETU Enterprise Agreement 2010-2014.

[1] Balec Pty Ltd (the Applicant) has applied, pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the Balec Pty Ltd and ETU Enterprise Agreement 2010-2014 (the Agreement). The Agreement has passed its nominal expiry date of 31 October 2014. The Applicant is the employer covered by the Agreement.

[2] Section 225 of the Act provides:

“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.”

[3] Section 226 of the Act provides:

“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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) is an organisation covered by the Agreement. Directions were sent from my Chambers on 30 July 2019 requiring service of the application on the CEPU by 6 August 2019 and for the CEPU to advise Chambers of any opposition to the application by 13 August 2019.

[5] The Applicant effected service of the application on the CEPU on 5 August 2019. No response was received from the CEPU.

[6] Based on the material contained in the statutory declaration of Mr Clement Glenane filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in s.226(b)(i) and (ii), I consider that it is appropriate to terminate the Agreement.

[7] The termination will operate from the date of this decision.

DEPUTY PRESIDENT

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