Leighton Contractors Pty Ltd T/A Leighton Contractors

[2019] FWCA 2557

[2019] FWCA 2557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Leighton Contractors Pty Ltd T/A Leighton Contractors
(AG2019/1109)

LEIGHTON CONTRACTORS PTY LIMITED - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 APRIL 2019

Application for termination of the Leighton Contractors Pty Limited - Gorgon Project - Barrow Island Enterprise Agreement 2015.

[1] This decision concerns an application made by Leighton Contractors Pty Ltd (the Applicant) on 8 April 2019 for the termination of the Leighton Contractors Pty Limited - Gorgon Project - Barrow Island Enterprise Agreement 2015 (the Agreement) under s 225 of the Fair Work Act 2009 (Cth) (the Act).

[2] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[3] Section 226 of the Act, details the considerations for the Commission when dealing with such an application.

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] In support of its application, the Applicant has provided a statutory declaration from Ms Jessica Corica (Ms Corica) who is the Human Resources Manager WA/NT of the Applicant.

[5] Ms Corica explains that the Agreement had a nominal expiry date of 31 December 2017, that no employee is covered by the Agreement and there is no intention by the Applicant to utilise this Agreement in the future as the employer’s scope of work under the Agreement has ceased.

[6] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) were invited to provide their views on the Application on 13 April 2019. The CFMMEU have not opposed the application.

Consideration

[7] I am satisfied that the termination of the Agreement is not contrary to the public interest, and in the circumstances of this case, it is appropriate to terminate the Agreement.

[8] The views of the employer have been taken into account and I accept Ms Corica’s statement in her statutory declaration that there are no employees covered by the Agreement. The CFMMEU has not challenged this point.

[9] Accordingly, the Agreement is terminated. Pursuant to s 227 of the Act the termination is to take effect on and from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE416874  PR706995>