CPB Contractors Pty Limited

[2019] FWCA 3234

[2019] FWCA 3234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

CPB Contractors Pty Limited
(AG2019/1045)

THIESS DINGLEY BYPASS PROJECT GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 9 MAY 2019

Application for termination of the Thiess Dingley Bypass Project Greenfields Agreement 2014.

[1] On 5 April 2019 CPB Contractors Pty Limited (CPB) lodged an application pursuant to section 225 of the Fair Work Act 2009 (Cth) (the Act) on behalf of Thiess Pty Ltd ACN 010 221 486 to terminate the Thiess Dingley Bypass Project Greenfields Agreement 2014 (the Agreement).

[2] The Agreement has a nominal expiry date of 28 February 2017. The Australian Workers’ Union (the AWU) is covered by the Agreement.

[3] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to section 225 of the Act as follows:

“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 termination is sought on the basis that the project to which the Agreement applied was completed in early 2018. Employees covered by the Agreement were made redundant prior to the expiry of the Agreement in 2017.

[5] On 15 April 2019 the Commission sought the views of the AWU in relation to the application. No response was received.

[6] On the material before me, I am satisfied that it is not contrary to the public interest to terminate the Agreement, and that termination of the Agreement is appropriate having regard to all the circumstances, including as set out in the Form F24C statutory declaration filed with the application. Accordingly, the Agreement is terminated.

[7] In accordance with section 227 of the Act, the termination of the Agreement shall operate from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE411290 PR708178>