Foxleigh Services Pty Ltd
[2022] FWCA 590
•23 FEBRUARY 2022
| [2022] FWCA 590 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
Foxleigh Services Pty Ltd
(AG2021/9027)
Foxleigh Mine Coal Handling & Preparation Plant (CHPP) Union Enterprise Agreement 2012
| Coal industry | |
| DEPUTY PRESIDENT ASBURY | BRISBANE, 23 FEBRUARY 2022 |
Application for termination of the Foxleigh Mine Coal Handling & Preparation Plant (CHPP) Union Enterprise Agreement 2012
Foxleigh Services Pty Ltd (the Applicant) applies to terminate the Foxleigh Mine Coal Handling & Preparation Plant (CHPP) Union Enterprise Agreement 2012 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The Agreement commenced to operate on 30 January 2013 and nominally expired on 14 January 2016. The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) is covered by the Agreement.
The Form 24C Statutory Declaration filed with the application was made by Mr Michael Rosengren, Managing Director for the Applicant. Mr Rosengren states that from 7 March 2017 the Applicant contracted out the functions performed by all employees covered under the Agreement to Sedgman Pty Ltd (Sedgeman), and as a result of this, all employees covered by the Agreement were made redundant. Further, Mr Rosengren states no employees are covered by the Agreement and none of the employees made redundant were reemployed by Sedgman within three months of the termination of their employment to perform transferring work.
Mr Rosengren also states that Sedgman continues to perform the transferred work and that its most recent contract extends to 1 April 2023, with the option to extend to 1 April 2024. The Applicant does not have any plans to directly employ anyone who would be covered by the Agreement.
On 25 January 2022 I caused my Associate to send correspondence to the CFMMEU seeking an indication as to whether there is any objection to the application, and advising that my provisional view was that there was no impediment to the termination of the Agreement. On 27 January 2022, correspondence was received from the CFMMEU stating that it opposed the application and sought to be heard in relation to it. On 28 January 2022 I issued Directions to deal with the CFMMEU’s objection to the application.
On 10 February 2022, correspondence was received from the Applicant stating that a mistake had been identified in the originating application whereby the legal name of the Applicant had been stated as “Anglo Services (Foxleigh Services) Pty Ltd”. The Applicant sought an amendment to the application pursuant to s.586 of the Act to correctly identify the legal name of the Applicant as “Foxleigh Services Pty Ltd”. The Applicant also filed an amended F24B application to this effect.
Also on 10 February 2022, correspondence was received from the CFMMEU indicating that subject to the issue relating to the correct legal name of the Applicant being resolved, the CFMMEU no longer opposed the application.
On 23 February 2022 I granted the Applicant’s request, and issued an Order amending the application to include the legal name of the Applicant “Foxleigh Services Pty Ltd.”
Pursuant to s. 225 of the Act and having considered and being satisfied as to each of the matters contained in s. 226 of the Act, the Agreement is terminated.
The termination will come into effect from 23 February 2022.
DEPUTY PRESIDENT
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