Bucher Municipal Pty Ltd

[2019] FWCA 7327

[2019] FWCA 7327

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Bucher Municipal Pty Ltd
(AG2019/3571)

BUCHER MUNICIPAL - VICTORIAN SERVICE - ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 28 OCTOBER 2019

Application for termination of the Bucher Municipal - Victorian Service - Enterprise Agreement 2017.

[1] Bucher Municipal Pty Ltd has applied to terminate its Bucher Municipal - Victorian Service - Enterprise Agreement 2017 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Agreement was approved by the Commission on 9 March 2017 and has a nominal expiry date of 31 December 2018.

[3] The evidence of the employer is that termination of the Agreement is necessary to remove the administrative burden of differing conditions and ensure consistency of conditions across their national operations, initially a suggestion of employees presently covered by the Agreement. 1

[4] The Commission also received evidence that all affected employees have been: served with this application and accompanying documents; notifications of Commission proceedings and invitations to provide their views (if any) to the Commission. 2 Two employees gave evidence that they support the application and termination of the Agreement.3

[5] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[6] 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 the circumstances, including the views of the employer and those employees who chose to provide their views in relation to the application.

[7] Accordingly, pursuant to ss.226 and 227 of the Act, I terminate the Agreement with immediate effect. An order (PR713635) giving effect to this decision will issue accordingly.

DEPUTY PRESIDENT

 1   Statutory Declaration of Connie Corrente dated 18 September 2019.

 2   Statutory Declaration of Alastair Filshie dated 15 October 2019.

 3   Statutory Declarations of Mick Burton and Rob Pasco dated 15 October 2019.

Printed by authority of the Commonwealth Government Printer

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