Main Seacombe Electrical Pty Ltd

[2019] FWCA 2087

[2019] FWCA 2087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 225 - Application for termination of an enterprise agreement after its nominal expiry date

Main Seacombe Electrical Pty Ltd
(AG2019/558)

MAIN SEACOMBE ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2010

Electrical contracting industry
DEPUTY PRESIDENT ANDERSON	ADELAIDE, 2 APRIL 2019

Application for termination of the Main Seacombe Electrical Pty Ltd Enterprise Agreement 2010

[1] On 5 March 2019, Main Seacombe Electrical Pty Ltdmade an application to terminate the Main Seacombe Electrical Pty Ltd Enterprise Agreement 2010 (the Agreement) under section 225 of the Fair Work Act 2009 (the FW Act).

[2] I issued directions on 8 March 2019.

[3] This matter was the subject of a hearing on 2 April 2019 at which time I heard from Darrell Mason, Manager, on behalf of the applicant employer, and Sabina Pola of the National Electrical and Communications Association, also on behalf of the applicant employer.

[4] The applicant employer is entitled to apply for the termination of the Agreement pursuant to section 225 of the FW Act.

[5] The Agreement is a single enterprise agreement. It was approved by the Fair Work Commission (the Commission) on 23 July 2010 1. It was approved to operate from 30 July 2010 with a nominal expiry date of 30 April 2013. It has now passed its nominal expiry date. It is an agreement directly with employees. No industrial organisation is covered by it.

[6] Employees covered by the agreement were provided with an opportunity to indicate whether any objection would be taken to the application or if they sought to be heard. No objection has been indicated and no employee has sought to be heard.

[7] I have considered the information provided in the application and by Mr Mason pursuant to section 225 of the FW Act. This includes Statutory Declarations by Mr Mason dated 5 March 2019 and 28 March 2019. I note that the Statutory Declaration of 5 March says as follows:

“It not contrary to public interest as all affected employees voted to terminate the agreement on the 4th of February by secret ballot.

All employees were notified in person of the vote, and the voting method (secret ballot) on the 25^th of January. 9 employees are covered by the agreement, 7 cast a valid vote and 7 voted to terminate the agreement.

The Agreement no longer satisfies the ever-changing needs of employees at Main Seacombe Electrical and terminating the Agreement will allow employees the opportunity to negotiate individual agreements that better suit their needs.”

[8] I also note the Statutory Declaration of 28 March says as follows:

“Copies of the Commission Directions and the Forms F24B and F24C lodged with the Commission on the 5th of March 2019 were made accessible to all affected employees on the 8th of March 2019

Copies available in our office and employees notified by letter to each employee dated 8/3/19”

[9] I have considered the information provided in the application and by Mr Mason pursuant to section 225 of the FW Act. This includes the Statutory Declarations of Mr Mason. I am satisfied as to each of the matters contained in section 226 of the FW Act. It is not contrary to the public interest to terminate the Agreement. It is appropriate to terminate the Agreement. No adverse consequences arise from such a course. Accordingly, the Agreement is terminated.

[10] The termination will come into effect from 11.59pm on 2 April 2019. An Order to this effect will be issued.

DEPUTY PRESIDENT

 1   [2010] FWAA 5510

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