Electserv Nominees Pty. Ltd. T/A NRP Electrical Services

[2020] FWCA 4411

[2020] FWCA 4411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Electserv Nominees Pty. Ltd. T/A NRP Electrical Services
(AG2020/2144)

SOUTHERN SEAWATER DESALINATION PROJECT COMMUNICATIONS, ELECTRICAL & PLUMBING UNION (CEPU) AND NRP ELECTRICAL PTY LTD GREENFIELDS AGREEMENT 2010

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 20 AUGUST 2020

Application for termination of the Southern Seawater Desalination Project, Communications, Electrical & Plumbing Union (CEPU) and NRP Electrical Pty Ltd Greenfields Agreement 2010.

[1] This decision concerns an application made by Electserv Nominees Pty. Ltd. T/A NRP Electrical Services (the Applicant) for the termination of Southern Seawater Desalination Project, Communications, Electrical & Plumbing Union (CEPU) and NRP Electrical Pty Ltd Greenfields Agreement 2010 (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] The Applicant has provided in support of its application a statutory declaration from Mr Peter Johnson (Mr Johnson), Director for the Applicant.

[6] Mr Johnson explains that the Agreement has a nominal expiry date of 4 October 2012 and that there are no employees covered by the Agreement because the construction project has been completed and the company no longer engaged.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) were invited to provide their views on the application, but have not sought to make a submission.

[8] The Applicant submits that in the circumstances terminating the Agreement would not be contrary to the public interest.

Consideration

[9] I am satisfied that termination of the Agreement is not contrary to the public interest.

[10] Taking into account the views of the employer and accepting the Applicant’s statement that there are no employees covered by the Agreement, which has not been challenged by the CEPU, I do consider in the circumstances here that it is appropriate to terminate the Agreement.

[11] Accordingly, Southern Seawater Desalination Project, Communications, Electrical & Plumbing Union (CEPU) and NRP Electrical Pty Ltd Greenfields Agreement 2010 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

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