Mr Glen McBlane v Sigma Services Group Pty Ltd

[2019] FWCA 3798

[2019] FWCA 3798

FAIR WORK COMMISSION

DECISION

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

Mr Glen McBlane
v
Sigma Services Group Pty Ltd
(AG2018/7034)

SIGMA SERVICES GROUP PTY LTD ENTERPRISE AGREEMENT 2013-2017

Security services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 31 MAY 2019

Application for termination of the Sigma Services Group Pty Ltd Enterprise Agreement 2013-2017.

[1] Mr Glen McBlane is employed by Sigma Services Group Pty Ltd (Sigma). Mr McBlane is covered by the Sigma Services Group Pty Ltd Enterprise Agreement (Enterprise Agreement) and has made an application to terminate the Enterprise Agreement pursuant to s 225 of the Fair Work Act 2009 (Cth) (Act). The nominal expiry date of the Enterprise Agreement was 17 March 2017.

[2] Sigma consents to the termination of the Enterprise Agreement.

[3] There are no employee organisations covered by the Enterprise Agreement.

[4] I am satisfied that the employees covered by the Enterprise Agreement have been given an opportunity to inform the Fair Work Commission (Commission) of their views in relation to the application to terminate the Enterprise Agreement. The Commission has not received any witness statement or communication from an employee of Sigma (save for Mr McBlane) in relation to the application to terminate the Enterprise Agreement.

[5] In support of the application, Mr McBlane relies on his statutory declaration made on 14 December 2018 and his witness statement made on 13 March 2019. I accept Mr McBlane’s evidence that his wages and conditions of employment would improve if the Security Services Industry Award 2010 applied to him rather than the Enterprise Agreement.

[6] Having regard to the information contained in Mr McBlane’s statutory declaration and his witness statement, I am satisfied that: 1

•  termination of the Enterprise Agreement is not contrary to the public interest; and

•  it is appropriate to terminate the Enterprise Agreement taking account all the circumstances including:

•  the views of the employees covered by the Enterprise Agreement and Sigma; and

•  the circumstances of those employees and Sigma, including the likely effect that the termination will have on each of them.

[7] Accordingly, I terminate the Enterprise Agreement with effect from midnight on Friday, 7 June 2019. An order [PR708925] giving effect to this decision will be issued today.

DEPUTY PRESIDENT

 1 Section 226 of the Fair Work Act 2009 (Cth)

Printed by authority of the Commonwealth Government Printer

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