GPB Constructions Pty Ltd

[2017] FWCA 2183

[2017] FWCA 2183

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

GPB Constructions Pty Ltd
(AG2017/795)

GPB CONSTRUCTIONS PTY LTD & EMPLOYEES COLLECTIVE AGREEMENT 2008

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 APRIL 2017

Application for termination of the GPB Constructions Pty Ltd & Employees Collective Agreement 2008.

[1] This is an application by GPB Constructions Pty Ltd for the termination of the GPB Constructions Pty Ltd & Employees Collective Agreement 2008 (the collective agreement).

[2] The collective agreement was made under the Workplace Relations Act 1996. Pursuant to Item 16 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), Subdivision D of Division 7 of Part 2– 4 of the Fair Work Act 2009 (the Act) applies in relation to the application.

[3] The collective agreement has passed its nominal expiry date.

[4] Section 226 of the FW act states:

When FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the agreement if:

(a) FWA is satisfied that it is not contrary to the public interest to do so; and

(b) FWA 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] The application to terminate the collective agreement was lodged on 15 March 2017.

[6] In all the circumstances, I am satisfied that the requirements of section 226 relevant to this application have been met. The application is approved and in accordance with section 227 of the Act the collective agreement is terminated with effect from the date of this decision.

COMMISSIONER

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