Daromin Engineering Pty Ltd T/A Daracon Group

[2022] FWCA 537

[2022] FWCA 537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Daromin Engineering Pty Ltd T/A Daracon Group

(AG2022/190)

DARACON GROUP HUNTER REGION TRANSPORT WORKERS ENTERPRISE AGREEMENT 2015-2019

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 FEBRUARY 2022

Application for termination of the Daracon Group Hunter Region Transport Workers Enterprise Agreement 2015-2019

1. Daromin Engineering Pty Ltd T/A Daracon Group (Daracon) is covered by the Daracon Group Hunter Region Transport Workers Enterprise Agreement 2015-2019 (Agreement) and has made an application to terminate the Agreement pursuant to s 225 of the Fair Work Act 2009 (Cth) (Act). The nominal expiry date of the Agreement was 21 December 2019.

1. The Transport Workers’ Union of Australia is covered by the Agreement.

1. There are no employees covered by the Agreement.

1. On 31 January 2022, I made the following direction in this matter:

Deputy President Saunders directs the TWU to file and serve any submissions, witness statements and documents it wishes to rely on in relation to the application to terminate the Agreement by 4pm on 14 February 2022.

1. I am satisfied that the organisation covered by the Agreement has been given an opportunity to inform the Fair Work Commission (Commission) of their views in relation to the application to terminate the Agreement. The Commission has not received any communication from the Transport Workers’ Union of Australia in relation to the application to terminate the Agreement.

1. Having regard to the information contained in Ms Clare’s statutory declaration made on 27 January 2022 in support of the application for termination of the Agreement, I am satisfied that:[1]

• termination of the Agreement is not contrary to the public interest; and

• it is appropriate to terminate the Agreement taking account all the circumstances including:

• that there are no employees covered by the Agreement;

• the views of Daracon; and

• the circumstances of the TWU and Daracon including the likely effect that the termination will have on each of them.

1. Accordingly, I terminate the Agreement with effect from midnight on Friday, 18 February 2022. An order [PR738449] giving effect to this decision will be issued today.

DEPUTY PRESIDENT

[1] Section 226 of the Fair Work Act 2009 (Cth)

Printed by authority of the Commonwealth Government Printer

<AE417035  PR738448>