Milne Doors Pty Ltd

[2020] FWCA 53

[2020] FWCA 53

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Milne Doors Pty Ltd
(AG2019/4329)

ULTIMATE DOORS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 6 JANUARY 2020

Application for termination of the Ultimate Doors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] Milne Doors Pty Ltd (formerly Ultimate Doors Pty Ltd) (the Applicant) has applied to terminate its Ultimate Doors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Agreement was approved by the Commission on 9 March 2012 and has a nominal expiry date of 31 March 2015.

[3] The matter was initially programmed for hearing on 4 December 2019, with the exchange of materials in advance. As those materials were not sufficient, and a further opportunity was sought by the Applicant, a further program was agreed.

[4] The Commission has now received evidence of Ms Anita Milne, Director of the Applicant, including to satisfy the Commission that: the Applicant no longer employs persons within coverage of the Agreement; the Agreement is no longer applicable to the work of the Applicant; and employees have a guarantee of pay that is at least 3% more than the Agreement rates and payable in March 2020, 2021 and 2022. 1

[5] The Commission has also received evidence that all affected employees have been: served with this application and accompanying documents; notifications of Commission proceedings and invitations to provide their views (if any) to the Commission and support the application and termination of the Agreement. 2

[6] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (formerly CFMEU), being a bargaining representative at the time the Agreement was approved and covered by the Agreement, was given an opportunity to provide any views to the Commission in relation to the application. The CFMMEU initially sought to be heard in relation to the application and opposed on the basis that the application lacked sufficient evidence for the Commission to be satisfied that the requirements of s.226 of the Act had been met. 3 On 20 December 2019, the CFMMEU withdrew its initial opposition to the application provided that the Commission was satisfied that the statutory criteria were met.4

[7] On the materials now before the Commission including the views of the parties to the Agreement, I have decided to determine the application on the papers.

[8] Having regard to the materials before the Commission and the matters I am required to take into account pursuant to s.226 of the Act: 

(a) I am satisfied that termination of the Agreement is not contrary to the public interest; and

(b) I consider that it is appropriate to terminate the Agreement taking into account all the circumstances, including the views of the employer and those employees who chose to provide their views in relation to the application.

[9] Accordingly, pursuant to ss.226 and 227 of the Act, I terminate the Agreement with immediate effect. An order (PR715723) giving effect to this decision will issue accordingly.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE892184 PR715722>

 1   Paragraph [17] of Applicant’s Submissions dated 13 December 2019.

 2   Paragraph [22] and Annexure A of Applicant’s Submissions dated 13 December 2019.

 3   Correspondence of the CFMMEU dated 28 November 2019 and Oral Submissions of 4 December 2019.

 4   Correspondence of the CFMMEU dated 20 December 2019.