Grove Scaffold & Scissor Hire Pty Ltd T/A Grove Scaff

[2019] FWCA 1768

[2019] FWCA 1768

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

Grove Scaffold & Scissor Hire Pty Ltd T/A Grove Scaff
(AG2019/317)

GROVE SCAFFOLD AND SCISSOR HIRE PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2007

Building, metal and civil construction industries
DEPUTY PRESIDENT ANDERSON	ADELAIDE, 19 MARCH 2019

Application for termination of the Grove Scaffold and Scissor Hire Pty Ltd Employee Collective Agreement 2007

[1] On 12 February 2019 Grove Scaffold & Scissor Hire Pty Ltd T/A Grove Scaff (Grove Scaff or the applicant employer) filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act) to terminate the Grove Scaffold and Scissor Hire Pty Ltd Employee Collective Agreement 2007 (the Agreement).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Party 2-4 of the Fair Work Act 2009 (the FW Act) applies to applications to terminate collective agreement-based transitional instruments which have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[4] This matter was the subject of a hearing on 19 March 2019 at which time I heard from Dianne Barry, a Director of Grove Scaff, and Sam Condon of the Master Builders Association of SA Inc, on behalf of the applicant employer.

[5] I issued Directions concerning the application on 26 February 2019 which provided an opportunity for an employee under the Agreement to oppose or otherwise express a view on the application. On 13 March 2019 the applicant employer filed a statutory declaration of Dianne Barry confirming that these Directions were provided to the relevant employees. No employee has elected to participate in these proceedings.

[6] Having regard to the requirements of section 226 of the FW Act and based on the material that is before me, including the statutory declaration of Dianne Barry filed in the Commission on 12 February 2019, I am satisfied that:

•  It is not contrary to the public interest to terminate the Agreement; and

•  It is appropriate to terminate the Agreement taking into account all of the circumstances.

[7] In accordance with section 227 of the FW Act, the termination will take effect from 11.59pm on 19 March 2019. An Order to this effect will be issued.

DEPUTY PRESIDENT

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