Carpet Logistics Pty Ltd

[2015] FWCA 3950

[2015] FWCA 3950

FAIR WORK COMMISSION

DECISION

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

Carpet Logistics Pty Ltd
(AG2015/2956)

CARPET LOGISTICS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 JUNE 2015

Application for termination of the Carpet Logistics Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 – agreement terminated.

[1] On 10 June 2015 Carpet Logistics Pty Ltd lodged an application pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the Carpet Logistics Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement).

[2] The Agreement is an enterprise agreement and its nominal expiry date was 31 March 2015.

[3] The relevant provisions of the Act are 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 FWA 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.

226 When FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the agreement if:

(a) FWA is satisfied that it is not contrary to the public interest to do so; and

(b) FWA 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.

227 When termination comes into operation

If an enterprise agreement is terminated under s.226, the termination operates from the day specified in the decision to terminate the agreement.”

[4] Correspondence was received from the Construction, Forestry, Mining and Energy Union advising that it did not oppose the termination of the Agreement. Consequently, 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 the circumstances of the employer.

[5] The Agreement shall be terminated pursuant to s.226 of the Act. In accordance with s.227 of the Act, the termination of the Agreement shall operate from 12 June 2015.

SENIOR DEPUTY PRESIDENT

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