Monadelphous Engineering Associates Pty Ltd

[2019] FWCA 8111

[2019] FWCA 8111

FAIR WORK COMMISSION

DECISION

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

Monadelphous Engineering Associates Pty Ltd
(AG2019/4110)

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 2 DECEMBER 2019

Application for termination of the Monadelphous Engineering Associates Pty Ltd Darwin Operations Agreement 2014.

[1] On 29 October 2019, Monadelphous Engineering Associates Pty Ltd (the Applicant) filed an application in the Fair Work Commission (Commission) under s.225 of the Fair Work Act 2009 (the Act) to terminate the Monadelphous Engineering Associates Pty Ltd Darwin Operations Agreement 2014 (the Agreement) after its nominal expiry date.

[2] The Agreement is a single enterprise agreement and its nominal expiry date was 1 June 2018.

[3] The relevant provisions of the Act are as follows:

“225 Application for termination of an enterprise agreement after its nominal

expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following

may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

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.

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates

from the day specified in the decision to terminate the agreement.”

[4] A statutory declaration of Claire Luskan, Industrial Relations Advisor for Monedelphous Engineering Associates Pty Ltd, declared on 23 October 2019 was filed in the Commission on 29 October 2019. The Commission is advised that the Applicant does not have any employees covered by the Agreement and further, that termination of the Agreement will have no consequential effect on the Applicant’s employees for that reason.

[5] My Associate sent an email to the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) who are the employee organisations covered by the Agreement, seeking their views on the termination application.

[6] The CEPU and AMWU all confirmed in writing on 11 November 2019 that they did not oppose the application and were amendable for the matter to be heard on the papers.

[7] On the basis of the material before me, I am satisfied that it is not contrary to the public interest to terminate the Agreement and that termination of the Agreement is appropriate having regard to the circumstances of the employee and employer.

[8] I, therefore, determine that the Agreement shall be terminated pursuant to s.226 of the Act. In accordance with s.227 of the Act, the termination of the Agreement shall operate from 2 December 2019.

COMMISSIONER

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