Dematic Pty Ltd

[2023] FWCA 1061

[2023] FWCA 1061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Dematic Pty Ltd

(AG2023/918)

DEMATIC PTY LIMITED - HUME DC ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 14 APRIL 2023

Application for termination of the Dematic Pty Limited - Hume DC Enterprise Agreement 2018

1. On 3 April 2023, Dematic Pty Ltd made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Dematic Pty Limited - Hume DC Enterprise Agreement 2018 (the Agreement) after its nominal expiry date.

1. Section 225 of the Act states:

   “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.”

1. The Applicant is an employer covered by the Agreement and thus has standing to make the termination application. The Agreement has passed its nominal expiry date which was 21 August 2021.

1. Section 226 of the Act sets out when the Commission must terminate an expired enterprise agreement where an application to terminate an agreement is made.

1. The material before the Commission includes the originating application and an accompanying statutory declaration filed by the employer in support of the application.  The statutory declaration provided by a Human Resources Business Partner provides:

“The Hume Enterprise Agreement is no longer required the site has closed down in 2020.”

1. The agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). I wrote to the unions and asked if they wished for me to take their views into account. The AMWU responded that they had no objection to the application. No response was provided by the CEPU.

1. I am satisfied that each of the requirements of s.226 of the Act have been met. As a result, I must approve the termination of the Agreement.

1. The Agreement is terminated and, pursuant to s.227 of the Act, the termination will come into effect from 14 April 2023.

COMMISSIONER

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