KAEFER Integrated Services Pty Ltd

[2018] FWCA 4129

[2018] FWCA 4129

FAIR WORK COMMISSION

DECISION

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

KAEFER Integrated Services Pty Ltd
(AG2018/792)

KAEFER INTEGRATED SERVICES (HOPPERS CROSSING WORKSHOP) ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 11 JULY 2018

Application for termination of the KAEFER Integrated Services (Hoppers Crossing Workshop) Enterprise Agreement 2014-2017.

[1] On 5 March 2018 KAEFER Integrated Services Pty Ltd (the Applicant) filed an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the KAEFER Integrated Services (Hoppers Crossing Workshop) Enterprise Agreement 2014-2017 (the Agreement) after its nominal expiry date.

[2] The Agreement is a single enterprise agreement and its nominal expiry date was 30 June 2017.

[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.”

[1] A statutory declaration of Mr Adie Kadir, Industrial Relations Manager, declared on 5 March 2018 was filed in the Fair Work Commission on 5 March 2018. The Fair Work Commission is advised that the Hoppers Crossing Workshop has been closed, and the Applicant does not have any employees engaged to work at the site, further that termination of the Agreement will have no effect on employment levels or industry standards.

[2] My associate sent an email to the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisation covered by the Agreement, on 21 March 2018 seeking its views on the termination application. A further email of 17 May 2018 was sent seeking the AMWU’s views. An email was sent to the Applicant and the AMWU on 4 June 2018 confirming that the matter would be listed for e-Hearing.

[3] This matter was listed for an e-Hearing on 6 June 2018.

[4] No correspondence has been received in objection to the application.

[5] On the basis of the material before me, 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 of the employees and employer.

[6] I, therefore, determine that 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 11 July 2018.

COMMISSIONER

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