DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Interport Contracting Pty Ltd T/A Interport Contracting
(AG2018/3161)

INTERPORT CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2015

Storage services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 7 AUGUST 2018

Termination of the Interport Contracting Pty Ltd Enterprise Agreement 2015.

[1] On 13 July 2018, Interport Contracting Pty Ltd T/A Interport Contractingapplied for the termination of the Interport Contracting Pty Ltd Enterprise Agreement 2015 (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Interport Contracting Pty Ltd, trading as Interport Contracting, sought a declaration from the Fair Work Commission that the Enterprise Agreement 2015 was terminated. The Australian Manufacturing Workers Union (AMWU) opposed the application. The Commission was required to determine whether the Agreement was terminated under section 241 of the Fair Work Act 2009.

The main issue was whether a notice of termination served by Interport was valid, and if the Fair Work Commission had the power to consider the application. The AMWU argued that the notice was invalid as it was not delivered to the Commission within 28 days of the end of the Agreement, and the Commission had no power to consider the application because the Agreement had not been terminated. Interport argued that the Commission had the power to consider the application, and the notice was valid.

The Commission found that the notice was delivered within the required timeframe and was in the correct form, and the Commission had the power to consider the application. The Commission declared that the Agreement was terminated and no longer had effect. The AMWU's appeal was dismissed.

The Fair Work Commission has the power to consider an application for a declaration that an enterprise agreement has been terminated, even if the notice of termination was not delivered within the required timeframe. The Commission found that the notice of termination was valid, and the Agreement was terminated. The appeal by the AMWU was dismissed, and the original decision of the Commission stands.

Interport Contracting Pty Ltd T/A Interport Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established