Evolution Traffic Control Pty Ltd

[2017] FWCA 4138

[2017] FWCA 4138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Evolution Traffic Control Pty Ltd
(AG2017/3029)

EVOLUTION TRAFFIC CONTROL VICTORIA AND AWU TRAFFIC MANAGEMENT AGREEMENT 2011 TO 2012

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 8 AUGUST 2017

Application for termination of the Evolution Traffic Control Victoria and AWU Traffic Management Agreement 2011 to 2012.

[1] Application has been made by Evolution Traffic Control Pty Ltd for termination of the Evolution Traffic Control Victoria and AWU Traffic Management Agreement 2011 to 2012 (the Agreement) made under the Fair Work Act 2009 (the Act)and which has passed its nominal expiry date of 16 Sept 2012.

[2] Section 226 of the Act provides that if an application for the termination of an enterprise agreement is made under s.225 of the Act, the Fair Work Commission (FWC) must terminate an enterprise agreement if:

“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 applicant has advised that it no longer operates in Victoria and that there are currently no employees covered by the Agreement.

[4] The Australian Workers’ Union, the employee organisation covered by the Agreement, does not oppose the application.

[5] I consider that it is appropriate to terminate the Agreements taking into account all of the circumstances of the matter including the matters set out in sub-paragraphs 226(b)(i) and (ii) of the Act.

[6] The termination of the Agreement takes effect from 8 August 2017.

COMMISSIONER

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