Climate Technologies Pty Ltd

[2018] FWCA 3841

[2018] FWCA 3841

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Climate Technologies Pty Ltd
(AG2018/2322)

CLIMATE TECHNOLOGIES PTY LTD NEW SOUTH WALES INDUSTRIAL EMPLOYEE COLLECTIVE AGREEMENT
[AC325870]

Manufacturing and associated industries
DEPUTY PRESIDENT ANDERSON	ADELAIDE, 2 JULY 2018

Application for termination of the Climate Technologies Pty Ltd New South Wales Industrial Employee Collective Agreement

[1] On 31 May 2018 Climate Technologies Pty Ltd (Climate Technologies or the applicant employer) filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the FW TPCA Act) to terminate Climate Technologies Pty Ltd New South Wales Industrial Employee Collective Agreement (the Agreement).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the FW TPCA Act provides that Subdivision D of Division 7 of Party 2-4 of the Fair Work Act 2009 (the FW Act) applies to applications to terminate collective agreement-based transitional instruments which have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date, which was 29 June 2013, has now passed.

[4] This matter was the subject of a hearing on 2 July 2018 at which time I heard from Patrick Larven, National Human Resources Manager for Climate Technologies, and Kaye Smith of EMA Legal (with permission), on behalf of the applicant employer.

[5] I issued Directions concerning the application on 4 June 2018 which provided an opportunity for an employee to oppose or otherwise express a view on the application. No employee has elected to participate in these proceedings. The employer has confirmed that these Directions were posted on a notice board visible to employees.

[6] I was advised by the employer, and am satisfied, that the employer no longer employs persons under the Agreement, has not done so since January 2017, and has no current intention to so in the future. The Agreement is, in effect redundant.

[7] In having regard to the requirements of section 226 of the FW Act and based on the material that is before me, I am satisfied that:

•  It is not contrary to the public interest to terminate the Agreement; and

•  It is appropriate to terminate the Agreement taking into account all of the circumstances.

[8] In accordance with section 227 of the FW Act, the termination will take effect from 11.59pm on 2 July 2018. An Order to this effect will be issued.

DEPUTY PRESIDENT

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<AC325870  PR608556>