Bureau Veritas Asset Integrity & Reliability Services Australia Pty Ltd

[2017] FWCA 1214

[2017] FWCA 1214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Bureau Veritas Asset Integrity & Reliability Services Australia Pty Ltd
(AG2017/500)

BUREAU VERITAS AND AMWU - ESSO OFFSHORE NDT SERVICES GREENFIELDS AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 MARCH 2017

Application for termination of the Bureau Veritas and AMWU - Esso Offshore NDT Services Greenfields Agreement 2014.

[1] Application has been made by Bureau Veritas Asset Integrity & Reliability Services Australia Pty Ltd for termination of the Bureau Veritas and AMWU - Esso Offshore NDT Services Greenfields Agreement 2014 (the Agreement) made under the Fair Work Act 2009 (the Act)and which has passed its nominal expiry date of 20 April 2015.

[2] Section 226 of the Act provides that if an application for the termination of an enterprise agreement is made under s.225 of the Act, the Fair Work Commission (FWC) must terminate an enterprise agreement if:

“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.”

[3] The Agreement related to a specific contract of work previously held by the Applicant but that contract is no longer held the Applicant. The Applicant has advised the Fair Work Commission that there are therefore no employees covered by the Agreement.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), the employee organisation covered by the Agreement, does not oppose the application.

[5] I consider that it is appropriate to terminate each of the Agreements taking into account all of the circumstances of the matter including the matters set out in sub-paragraphs 226(b)(i) and (ii) of the Act.

[6] The termination of the Agreement takes effect from 2 March 2017.

COMMISSIONER

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