Fletcher Insulation Pty Ltd T/A Fletcher Insulation

[2020] FWCA 2613

[2020] FWCA 2613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Fletcher Insulation Pty Ltd T/A Fletcher Insulation
(AG2020/1256)

FLETCHER INSULATION HOMEBUSH PLANT ENTERPRISE AGREEMENT, 2015

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 19 MAY 2020

Application for termination of the Fletcher Insulation Homebush Plant Enterprise Agreement, 2015.

[1] On 6 May 2020, Fletcher Insulation Pty Ltd T/A Fletcher Insulation made an application pursuant to s.225 of the Fair Work Act 2009 to terminate the Fletcher Insulation Homebush Plant Enterprise Agreement, 2015 (the Agreement). The Agreement has passed its nominal expiry date of 3 December 2015.

[2] The application is accompanied by a statutory declaration of Ms Sibel Dere, Human Resources Advisor of the employer. Ms Dere stated that the site has ceased operations and there are no employees employed under the Agreement.

[3] The United Voice (now United Workers Union), being the employee organisation covered by the Agreement, was advised of the application and confirmed that the application was not opposed.

[4] Sections 225 and 226 of the Act provide:

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.

[5] I have considered, and am satisfied the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met. Accordingly, the Agreement is terminated.

[6] The termination will come into effect from 19 May 2020.

DEPUTY PRESIDENT

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