Hiresec Pty Ltd

[2014] FWCA 7812

[2014] FWCA 7812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Hiresec Pty Ltd
(AG2014/9639)

HIRESEC ENTERPRISE AGREEMENT 2012

Security services
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2014

Application for termination of the Hiresec Enterprise Agreement 2012.

[1] On 23 October 2014, Hiresec Pty Ltd (the Applicant) lodged an application pursuant to s.225 of the Fair Work Act 2009 (Cth) (the Act), to terminate the Hiresec Enterprise Agreement 2012 (the Agreement).

[2] The Agreement has a nominal expiry date of 31 May 2013.

[3] 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 section 226, the termination operates from the day specified in the decision to terminate the agreement.”

[4] A statutory declaration was received in the form of Form F24C from Erin Leigh McCormack signed 23 October 2014 declaring the following:

“Hiresec Pty Ltd has ceased trading. It no longer employs any staff or contractors in the security industry. All employees and contractors have ceased as at 19/10/14.

The company will not trade in the security industry again, nor will it employ any staff in crowd control again.

Under the conditions of the modern award at 2014, the Hiresec EBA would not meet the “no disadvantage” test, therefore would be contrary to public interest.” 1

[5] Consequently I am satisfied that it is not contrary to the public interest to terminate the Agreement and that termination of the Agreement is appropriate having regard to the circumstances as set out in the statutory declaration and extracted above.

[6] The Agreement shall be terminated pursuant to s.226 of the Act. In accordance with s.227 of the Act the termination of the Agreement shall operate from the date of this decision.

COMMISSIONER

 1 F24C submitted on 23 October 2014 by Erin McCormack, at page 2

Printed by authority of the Commonwealth Government Printer

<Price code A, AE895613  PR557354>