Construction, Forestry, Mining and Energy Union

[2015] FWCA 5166

[2015] FWCA 5166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Construction, Forestry, Mining and Energy Union
(AG2015/3938)

CFMEU AND PROTECH PERSONNEL (VIC) PTY LTD LABOUR HIRE EMPLOYEES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 JULY 2015

Application for termination of the CFMEU and Protech Personnel (Vic) Pty Ltd Labour Hire Employees Enterprise Agreement 2013.

[1] Construction, Forestry, Mining and Energy Union (Union) has applied, pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the CFMEU and Protech Personnel (Vic) Pty Ltd Labour Hire Employees Enterprise Agreement 2013 (the Agreement). The Agreement covers the Union, Protech Personnel (VIC) Pty Ltd (Company) and employees of the Company specified in clause 4 of the Agreement. The Agreement has passed its nominal expiry date.

[2] Section 225 of the Act provides:

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

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

[3] Section 226 of the Act provides:

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] In correspondence to my Chambers dated 21 July 2015, the Company advised that it did not oppose the cancellation of the Agreement.

[5] Based on the material contained in the Union’s declaration filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in s. 226 (b) (i) and (ii), I consider that it is appropriate to terminate the Agreement. There is nothing before me which raises public interest considerations which might militate against the termination of the Agreement and as stated in the Union’s declaration, the Agreement does not cover nor apply to any employee of Protech Personnel (VIC) Pty Ltd. I am satisfied that it is appropriate to approve the termination of the Agreement, and I terminate the Agreement.

[6] The termination will operate from 30 July 2015.

DEPUTY PRESIDENT

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