GE Betz Australia Pty Ltd

[2013] FWCA 5608

[2013] FWCA 5608

FAIR WORK COMMISSION

DECISION

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

GE Betz Australia Pty Ltd
(AG2013/7737)

GE BETZ PTY LTD AND IONICS AUSTRALASIA PTY LTD ENGINEERING AND FIELD SERVICES (QUEENSLAND AND WESTERN AUSTRALIA) EMPLOYMENT RELATIONS EMPLOYEE COLLECTIVE AGREEMENT 2009

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 AUGUST 2013

Application for termination of the GE Betz Pty Ltd and Ionics Australasia Pty Ltd Engineering and Field Services (Queensland and Western Australia) Employment Relations Employee Collective Agreement 2009.

[1] On 25 July 2013 GE Betz Australia Pty Ltd (the Applicant) lodged an application pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the GE Betz Pty Ltd and Ionics Australasia Pty Ltd Engineering and Field Services (Queensland and Western Australia) Employment Relations Employee Collective Agreement 2009.

[2] Schedule 3 Item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) provides that “Subdivision D of Division 7 of Part 2-4 of the Fair Work 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 nominal expiry date of the agreement was 31 December 2009.

[4] The relevant provisions of the Act are as follows:

“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.

227 When termination comes into operation

If an enterprise agreement is terminated under s.226, the termination operates from the day specified in the decision to terminate the agreement.”

[5] This matter was listed for a hearing by telelink on 2 August 2013.

[6] I have received and considered Statutory Declarations from relevant parties. I am satisfied that it is not contrary to the public interest to terminate the Agreements and that termination of the Agreements is appropriate having regard to the circumstances of the employees and employer.

[7] The Agreements shall be terminated pursuant to s.226 of the Act. In accordance with section 227 of the Act, the termination of the agreement shall operate from 13 August 2013.

SENIOR DEPUTY PRESIDENT

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