Jet Retail Commercial Fit Outs Pty Ltd

[2021] FWCA 3344

[2021] FWCA 3344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Jet Retail Commercial Fit Outs Pty Ltd
(AG2021/5390)

JET RETAIL COMMERCIAL FIT OUTS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 9 JUNE 2021

Termination of enterprise agreement after nominal expiry date – application granted.

[1] Jet Retail Commercial Fit Out Pty Ltd (Jet) has applied to terminate the Jet Retail Commercial Fit Outs Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 1 (the Agreement).

[2] The Agreement was approved on 13 November 2021 and covers Jet, its employees in Victoria who are employed in occupations, callings or industries specified in the National Building and Construction Industry Award 2000 as at 31 December 2009, and the Construction, Forestry, Maritime, Mining and Energy Union. 2

[3] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to section 225 of the Act as follows:

“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 Agreement expired on 31 March 2015. Jet has two current employees who are also directors of the company. The Agreement has long since passed its nominal expiry date. The Agreement was made for the purposes of a specific job which has now been completed. The two employees covered by the Agreement support its termination.

[5] The Union does not oppose termination of the Agreement and does not otherwise seek to be heard in relation to the application.

[6] In the circumstances, I am satisfied that termination of the Agreement will not be contrary to the public interest and that it is appropriate to terminate the Agreement. The Agreement is terminated with effect from today.

COMMISSIONER

 1   AE898114.

 2   [2012] FWAA 9593.

Printed by authority of the Commonwealth Government Printer

<AE898114  PR730608>