Lankos Services Pty Ltd

[2019] FWCA 5776

[2019] FWCA 5776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement termination

Lankos Services Pty Ltd
(AG2019/2485)

LANKOS SERVICES PTY LTD AND THE CFMEU ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 20 AUGUST 2019

Application for termination of the Lankos Services Pty Ltd and the CFMEU Asbestos Removal Enterprise Agreement 2011-2015.

[1] On 9 July 2019 Lankos Services Pty Ltd lodged an application pursuant to section 225 of the Fair Work Act 2009 (Cth) (the Act) to terminate the Lankos Services Pty Ltd and the CFMEU Asbestos Removal Enterprise Agreement 2011-2015 (the Agreement).

[2] The Agreement has a nominal expiry date of 31 March 2015. The Construction, Forestry, Mining and Energy Union (CFMEU) (as it was then known) is covered by the Agreement.

[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 more than four years ago. The Form F24C statutory declaration filed in support of the application indicates that no employees are covered by the Agreement.

[5] The CFMEU has since become known as the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). It neither supports nor opposes the application.

[6] There is no evidence to suggest that it would be contrary to the public interest to terminate the Agreement and I am satisfied that it is not.

[7] Having regard to all the circumstances, I consider that it is appropriate to terminate the Agreement. Accordingly, the Agreement is terminated.

[8] In accordance with section 227 of the Act, the termination of the Agreement will operate from today.

COMMISSIONER

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