Drill-Mac Pty Ltd T/A J & S Drilling

[2016] FWCA 5279

[2016] FWCA 5279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Drill-Mac Pty Ltd T/A J & S Drilling
(AG2016/4780)

J & S DRILLING WORKSHOP OPERATIONS ENTERPRISE AGREEMENT 2011-2015

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 2 AUGUST 2016

Application for termination of the J & S Drilling Workshop Operations Enterprise Agreement 2011-2015.

[1] This decision concerns an application made by Drill-Mac Pty Ltd T/A J & S Drilling (the applicant) for the termination of the J & S Drilling Workshop Operations Enterprise Agreement 2011-2015 (the Agreement).

[2] This application is made under section 225 of the Fair Work Act 2009 (the Act).

[3] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[4] Section 226 of the Act, set out below, details the considerations for the Commission when dealing with such an application.

“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.”

[5] Based on the material that is before me, including the Statutory Declaration sworn by Ms Sheryl McLellan the Secretary/Director of the applicant, I am satisfied that the requirements of s.226 of the Act have been met.

[6] Accordingly, the J & S Drilling Workshop Operations Enterprise Agreement 2011-2015 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

COMMISSIONER

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