Caslec Industries Pty Ltd as Trustee for Caslec Industries Trading Trust T/A Caslec Electrical & Data
[2022] FWCA 2975
•30 AUGUST 2022
| [2022] FWCA 2975 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009 (Cth)
s.225—Enterprise agreement
Caslec Industries Pty Ltd as Trustee for Caslec Industries Trading Trust T/A Caslec Electrical & Data
(AG2022/3250)
Caslec Industries Pty Limited Employee Collective Agreement 2009
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 30 AUGUST 2022 |
Application for termination of the Caslec Industries Pty Limited Employee Collective Agreement 2009
An application has been made to terminate the Caslec Industries Pty Limited Employee Collective Agreement 2009 (the Agreement). The application was made pursuant to Section 225 of the Fair Work Act 2009 (Cth) (the FW Act). The Application has been made by Caslec Industries Pty Ltd (the Applicant).
Section 225 of the FW Act applies to applications to terminate an enterprise agreement that has passed their nominal expiry date. I am satisfied that the Agreement is an enterprise agreement, and that its nominal expiry date of 2014 has passed.
The Applicant has made a statutory declaration in support of their application, and it is noted that there are current employees that are covered by the Agreement.
On 10 August 2022, my Chambers made the following Directions:
1.Caslec Industries Pty Ltd (the Applicant) is to notify the employees covered by the Caslec Industries Pty Limited Employee Collective Agreement 2009 (the Agreement) via email, of Direction 2 below, by 5:00pm 15 August 2022.
2.Any employee covered by the Agreement, who wishes to make any submission in relation to the Applicant’s application to terminate the Agreement pursuant to s.225 of the Fair Work Act 2009 (Cth) (the Application) is to email [Chambers email address] with their submissions, by 4:00pm 22 August 2022.
3.Contemporaneously with sending the above email to employees, the Applicant must attach, or otherwise evidence communication of, the documents relevant to the Application, including but not limited to the Application documents, and the Agreement.
On 15 August 2022, the Applicant complied with the above Directions 1 and 3 and has provided evidence of that communication to Chambers. No responses were received from any employee in response to Direction 2.
On the basis of the information provided to me in the Application, and as set out above, I am satisfied that each of the requirements of s.226 of the FW Act as are relevant to this Application for termination have been met.
The termination will come into effect on 12 September 2022.
DEPUTY PRESIDENT
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