Longhill Group Pty Ltd

[2017] FWCA 5128

[2017] FWCA 5128

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Longhill Group Pty Ltd
(AG2017/4307)

LONGHILL GROUP PTY LTD SOUTHERN HUME ALLIANCE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 4 OCTOBER 2017

Application for termination of the Longhill Group Pty Ltd Southern Hume Alliance Agreement.

[1] Longhill Group Pty Ltd made an application to the Fair Work Commission (FWC) to terminate the Longhill Group Pty Ltd Southern Hume Alliance Agreement 2007-2008 (the Agreement).

[2] The Agreement has passed its nominal expiry date of December 2008.

[3] For the purposes of Schedule 3, Item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) the Agreement is a Collective Agreement-Based Transitional Instrument. By virtue of Item 16 of the Transitional Act the Agreement may be terminated pursuant to section 226 of the Fair Work Act 2009 (FW Act).

[4] Section 226 of the Act states:

When FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWC must terminate the agreement if:

(a) FWC is satisfied that it is not contrary to the public interest to do so; and

(b) 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.

[5] A Statutory Declaration was filed of Ms Carina Winstanley, Human Resources Advisor, which states that the termination of the Agreement is not contrary to the public interest.

[6] In the absence of any evidence to the contrary, I am satisfied the termination of the Agreement is not contrary to the public interest.

[7] Taking into account the above, I find that it is appropriate to terminate the Agreement.

[8] Accordingly, the Agreement is terminated. The termination will come into effect from the date of this Decision.

COMMISSIONER

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