CIVIFENCE PTY LTD

Case •

[2024] FWCA 3881

•

7 NOVEMBER 2024
[2024] FWCA 3881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

CIVIFENCE PTY LTD

(AG2024/3844)

CIVIFENCE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FENCING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries

COMMISSIONER TRAN

MELBOURNE, 7 NOVEMBER 2024

Application for termination of the - CIVIFENCE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FENCING ENTERPRISE AGREEMENT 2020-2023

  1. CiviFence Pty Ltd has applied to terminate the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2020-2023 under s 225 of the Fair Work Act 2009.

  1. The Agreement was approved by the Commission on 5 October 2023 and commenced operation on 12 October 2023. Its nominal expiry date was 31 December 2023.

  1. The Construction Forestry Mining and Energy Union are covered by the Agreement.

Under s 226 of the Act, the Commission must terminate an agreement after its nominal expiry date if satisfied of one of 3 alternative grounds in s 226(1) and the Commission is satisfied that it is appropriate in all the circumstances to do so under s 226(1A).

  1. Civifence relies only on the grounds in s 226(1)(b) – that the Agreement does not and is not likely to cover any employees.

  1. My chambers wrote to the parties on 16 October 2024 and 24 October 2024, to provide the Union with an opportunity to provide their views about terminating the Agreement. No reply was received by the deadline provided.

  1. I have had regard to the matters under s 226(4) and am satisfied that no bargaining for a proposed agreement has commenced. No other relevant matters were brought to my attention.

  1. I am satisfied by the material filed by Civifence that it is appropriate in all the circumstances to terminate the Agreement because the Agreement does not cover any employees. So, I terminate the Agreement. The termination operates from on 7 November 2024.

Order

  1. I order that

·   The CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2020-2023 is terminated; and

·   The Termination operates from 7 November 2024.

COMMISSIONER

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