Lynton Surveys Pty Ltd

[2018] FWCA 917

[2018] FWCA 917

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument

Lynton Surveys Pty Ltd

(AG2017/6552)

LYNTON SURVEYS PTY LTD WORKPLACE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 FEBRUARY 2018

Application for termination of the Lynton Surveys Pty Ltd Workplace Agreement.

1. An application has been made under Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and s.225 of the Fair Work Act 2009 (the Act) to terminate the Lynton Surveys Pty Ltd Workplace Agreement (the Agreement).

[2] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

“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.”

[3] I am satisfied that the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met.

[4] The termination of the Agreement is approved with effect from 13 February 2018.

COMMISSIONER

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