Estedo Trading Pty Ltd

[2018] FWCA 6076

[2018] FWCA 6076

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Estedo Trading Pty Ltd
(AG2018/4876)

ESTEDO TRADING PTY LTD AND CEPU-PLUMBING DIVISION (VIC) COLLECTIVE AGREEMENT 2005-2008

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 27 SEPTEMBER 2018

Application for termination of the Estedo Trading Pty Ltd and CEPU - Plumbing Division (Vic) Collective Agreement 2005-2008.

[1] On 31 August 2018 Estedo Trading Pty Ltd (the Applicant) lodged an application pursuant to Item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act) to terminate the Estedo Trading Pty Ltd and CEPU - Plumbing Division (Vic) Collective Agreement 2005 - 2008 (the Agreement).

[2] Item 16 of Schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[3] The Agreement has a nominal expiry date of 31 October 2008, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is covered by the Agreement.

[4] I am satisfied that the Agreement is a collective agreement-based transitional instrument and that its nominal expiry date has passed.

[5] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to section 225 of the Act as follows:

“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.”

[6] On 14 September 2018 and 18 September 2018 the Commission sought the views of the parties covered by the Agreement in relation to the application.

[7] I have considered the views of the employer who is covered by the Agreement and their circumstances, including that the termination of the Agreement will reduce its administrative regulatory burden.

[8] On 18 September 2018 the employees covered by the Agreement confirmed that they did not object to the Agreement being terminated.

[9] On 27 September 2018 the CEPU confirmed that it did not object to the Agreement being terminated.

[10] On the material before me, I am satisfied that it is not contrary to the public interest to terminate the Agreement, and that termination of the Agreement is appropriate having regard to all the circumstances, including as set out in the Statutory Declaration filed with the application. Accordingly, the Agreement is terminated.

[11] In accordance with section 227 of the Act the termination of the Agreement shall operate from the date of this decision.

COMMISSIONER

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