Commercial & General Hire Pty Ltd as trustee for the Mazomenos Family Trust T/A CGH Scaffold

[2020] FWCA 1952

[2020] FWCA 1952

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument

Commercial & General Hire Pty Ltd as trustee for the Mazomenos Family Trust T/A CGH Scaffold
(AG2020/813)

COMMERCIAL AND GENERAL HIRE PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2009

(ODN ) [AC327428]

Building, metal and civil construction industries
DEPUTY PRESIDENT ANDERSON	ADELAIDE, 15 APRIL 2020

Application for termination of the Commercial and General Hire Pty Ltd Employee Collective Agreement 2009

[1] On 19 March 2020 Commercial & General Hire Pty Ltd as trustee for the Mazomenos Family Trust T/A CGH Scaffold (the Applicant), made an application to terminate the Commercial and General Hire Pty Ltd Employee Collective Agreement 2009 (the Agreement) under Sch. 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Provisions).

[2] The effect of the Transitional Provisions is to treat collective agreement-based instruments made under the predecessors of the Far Work Act 2009 (FW Act), as agreements as made under the FW Act.

[3] I issued directions on 27 March 2020.

[4] I heard the matter by telephone on 15 April 2020 at which time I heard from Mr Condon of the Master Builders Association of South Australia Incorporated and Mr Jim Mazomenos, the Director of the Applicant.

[5] The Applicant, as the employer covered by the Agreement, is entitled to apply for the termination of the Agreement pursuant to section 222 of the FW Act, as enlivened by the Transitional Provisions.

[6] The Agreement is a single enterprise employee collective agreement. It was approved by the Australian Workplace Authority on 2 February 2010 1. The Agreement was approved to operate starting 7 days after approval, with a nominal expiry date 5 years thereafter. It has now passed its nominal expiry date.

[7] I have considered the information provided in the application and by Mr Mazomenos pursuant to section 222 of the FW Act. This includes the Statutory Declarations by Mr Mazomenos dated 3 April 2020 2. I note that the Statutory Declarations say that there are now four employees covered by the Agreement. I also take into consideration that all four employees voted to approve the termination of the Agreement, and their ballot papers form part of the application. Employees were given notice of these proceedings. No employee appeared in relation to the application.

[8] I am satisfied as to each of the matters contained in section 223 of the FW Act. There are no reasonable grounds for believing that the employees have not agreed to the termination. It is appropriate to approve the termination of the Agreement. Accordingly, the Agreement is terminated.

[9] The termination will come into effect from 11.59pm on 15 April 2020. An Order 3 to this effect will be issued in conjunction with this Decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AC327428 PR718269>

 1 AC327428 / CAEN096235060

 2   At the hearing and considering COVID-19 guidance by public health authorities concerning social distancing, the Commission dispensed with the requirement in the Fair Work Rules 2013 that these statutory declarations be witnessed by an authorised officer

 3   PR718267