Kalimnios Family Trust T/A CK Sons Carpentry

[2018] FWCA 7339

[2018] FWCA 7339

FAIR WORK COMMISSION

decision

Fair Work Act 2009

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

Kalimnios Family Trust T/A CK Sons Carpentry

(AG2018/6466)

Kalimnios Family Trust (The Trustee For) T/As CK Sons Carpentry and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner McKinnon	MELBOURNE, 3 december 2018

Application for termination of the Kalimnios Family Trust (The Trustee For) T/As CK Sons Carpentry and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

1. On 21 November 2018 Kalimnios Family Trust T/A CK Sons Carpentry (the Applicant) lodged an application pursuant to section 225 of the Fair Work Act 2009 (Cth) (the Act) to terminate the Kalimnios Family Trust (The Trustee For) T/As CK Sons Carpentry and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement).

1. The Agreement has a nominal expiry date of 30 June 2018, and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) is covered by the Agreement.

1. 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.”

1. On 27 November 2018 the Commission sought the views of the parties covered by the Agreement in relation to the application.

1. The employer who is covered by the Agreement seeks its termination because the Agreement is no longer relevant to its business.

1. On 30 November 2018 the CFMMEU confirmed that it did not object to the Agreement being terminated.

1. No response was received by any of the employees covered by the Agreement.

1. On 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 all the circumstances, including as set out in the Form F24C statutory declaration filed with the application. Accordingly, the Agreement is terminated.

1. In accordance with section 227 of the Act the termination of the Agreement shall operate from the date of this decision.

COMMISSIONER

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