Grandview Landscapes Pty Ltd T/A Grandview Landscapes

[2019] FWCA 212

[2019] FWCA 212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Grandview Landscapes Pty Ltd T/A Grandview Landscapes
(AG2018/6865)

GRANDVIEW LANDSCAPES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 JANUARY 2019

Application for termination of the Grandview Landscapes Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] Grandview Landscapes Pty Ltd T/A Grandview Landscapes (Applicant) has applied, pursuant to s 225 of the Fair Work Act 2009 (Act), to terminate the Grandview Landscapes Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (Agreement). The Agreement is expressed to cover the Applicant and the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement has passed its nominal expiry date.

[2] Section 225 of the Act provides:

“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.”

[3] Section 226 of the Act provides:

“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.”

[4] The CFMEU is an organisation covered by the Agreement. In correspondence to my Chambers of 14 January 2019, the CFMEU advised that it does not oppose the application. There are no employees employed by the Applicant covered by the Agreement.

[5] Based on the material contained in the employer’s declaration received on 10 December 2018 and additional material received on 19 December 2018, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in s 226(b)(i) and (ii) of the Act, I consider that it is appropriate to terminate the Agreement. There is nothing before me which raises public interest considerations which might militate against termination of the Agreement and as stated in the email from the Applicant dated 19 December 2018, there are no employees covered by the Agreement. I am satisfied that it is appropriate to approve the termination of the Agreement, and I terminate the Agreement.

[6] The termination will operate from 16 January 2019. An Order to that effect will be issued with this decision.

DEPUTY PRESIDENT

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