Dm Roads Services Pty Ltd

[2021] FWCA 6859

[2021] FWCA 6859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Dm Roads Services Pty Ltd
(AG2021/8238)

DM ROADS STEWARDSHIP MAINTENANCE CONTRACT (SMC) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 26 NOVEMBER 2021

Application for termination of the DM Roads Stewardship Maintenance Contract (SMC) Enterprise Agreement 2019.

[1] DM Roads Services Pty Ltd (the Applicant) made an application for the termination of the DM Roads Stewardship Maintenance Contract (SMC) Enterprise Agreement 2019 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is expressed to cover the Applicant and its employees who are employed in the classifications provided for in the Agreement who perform road maintenance activities directly associated with the Roads and Maritime Services Stewardship Maintenance Contract in NSW, and The Australian Workers’ Union (AWU). The Agreement has passed its nominal expiry date.

[2] Section 225 and section 226 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.

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.”

[3] The application was accompanied by a F24C declaration completed by Ms Laura Gordon (Manager, Industrial Relations – Roads for the Applicant). Ms Gordon declared that there were no employees currently engaged under the Agreement and that the Agreement has passed its nominal expiry date.

[4] There are no employees covered by the Agreement whose views or circumstances I can take into account.

[5] The AWU has indicated to the Commission that it does not object to the termination of the Agreement.

[6] Based on the material contained in the employer’s declaration filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest (per s.226(a)) and that it is appropriate to terminate the agreement in the circumstances (per s.226(b)).

[7] The termination will operation from the date of this decision.

DEPUTY PRESIDENT

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