Bureau Veritas Asset Integrity & Reliability Services (Australia) Pty Ltd T/A Bureau Veritas Asset Integrity & Reliability Services (Australia) Pty Ltd

[2019] FWCA 3787

[2019] FWCA 3787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 225 - Application for termination of an enterprise agreement after its nominal expiry date

Bureau Veritas Asset Integrity & Reliability Services (Australia) Pty Ltd T/A Bureau Veritas Asset Integrity & Reliability Services (Australia) Pty Ltd
(AG2019/1620)

BUREAU VERITAS ASSET INTEGRITY AND RELIABILITY SERVICES AUSTRALIA PTY LTD ACN 119 996 897 SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
DEPUTY PRESIDENT ANDERSON	ADELAIDE, 3 JUNE 2019

Application for termination of the Bureau Veritas Asset Integrity And Reliability Services Australia Pty Ltd ACN 119 996 897 South Australia Enterprise Agreement 2012-2015

[1] On 16 May 2019, Bureau Veritas Asset Integrity & Reliability Services (Australia) Pty Ltd (Bureau Veritas) made an application to terminate the Bureau Veritas Asset Integrity And Reliability Services Australia Pty Ltd ACN 119 996 897 South Australia Enterprise Agreement 2012-2015 (the Agreement) under section 225 of the Fair Work Act 2009 (the FW Act).

[2] I issued directions on 22 May 2019.

[3] This matter was the subject of a hearing on 3 June 2019 at which time I heard from Sarah Henson, Human Resources Manager on behalf of Bureau Veritas.

[4] The applicant employer is entitled to apply for the termination of the Agreement pursuant to section 225 of the FW Act.

[5] Notice of this hearing was provided to the AMWU. The AMWU was provided with an opportunity to indicate whether any objection would be taken to the application. The AMWU does not oppose the application and does not intend to be heard.

[6] The Agreement is a single enterprise agreement. It was approved by the Fair Work Commission (the Commission) on 5 November 2012 1. It was approved to operate from 13 November 2012 with a nominal expiry date of 30 June 2015. It has now passed its nominal expiry date.

[7] I have considered the information provided in the application and by Ms Henson pursuant to section 225 of the FW Act. This includes the Statutory Declaration by Ms Henson dated 16 May 2019. I note that the Statutory Declaration says that there are no employees covered by the Agreement.

[8] I am satisfied as to each of the matters contained in section 226 of the FW Act. It is not contrary to the public interest to terminate the Agreement. It is appropriate to terminate the Agreement. No adverse consequences arise from such a course. Accordingly, the Agreement is terminated.

[9] The termination will come into effect from 11.59pm on 3 June 2019. An Order to this effect will be issued.

DEPUTY PRESIDENT

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 1   [2012] FWAA 9414