CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport

[2019] FWCA 89

[2019] FWCA 89

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport
(AG2018/6857)

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 JANUARY 2019

Application for termination of the CFC Consolidated Pty Ltd - Darwin Drivers Freight Officers and Workshop Enterprise Agreement 2014.

[1] This decision concerns an application made on 4 December 2018 under section 225 of the Fair Work Act 2009 (Cth) (the Act) by CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport (the Applicant) for the termination of the CFC Consolidated Pty Ltd - Darwin Drivers Freight Officers and Workshop Enterprise Agreement 2014 (the Agreement).

[2] This section allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[3] Section 226, set out below, details the considerations for the Commission when dealing with such an application.

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.

[4] The Applicant has provided in support of its application a statutory declaration from Mr Brendan Duroiselle (Mr Duroiselle) who is a Senior HR Advisor to the Applicant.

[5] Mr Duroiselle explains that the Agreement had a nominal expiry date of 1 September 2016, that no employee is covered by the Agreement, and the Applicant does not intend to utilise the Agreement at any time in the future as there are no employees or any other parties employed under the Agreement. Further, he says that there are no employee organisations covered by the Agreement.

Consideration

[6] I am satisfied that the termination of the Agreement is not contrary to the public interest.

[7] I consider that in the circumstances it is appropriate to terminate the Agreement. The views of the employer have been taken into account and I accept Mr Duroiselle’s statement in her statutory declaration that there are no employees covered by the Agreement.

[8] Accordingly, the CFC Consolidated Pty Ltd - Darwin Drivers Freight Officers and Workshop Enterprise Agreement 2014 is terminated.

[9] Pursuant to s 227 of the Act the termination is to take effect on and from the date of this decision.

DEPUTY PRESIDENT

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