Nardia Plumbing Pty Ltd

[2016] FWCA 3417

[2016] FWCA 3417

FAIR WORK COMMISSION

DECISION

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

Nardia Plumbing Pty Ltd
(AG2016/3308)

NARDIA PLUMBING PTY LTD AND CEPU PLUMBING DIVISION CERTIFIED AGREEMENT 2003 - 2005

Plumbing industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 26 MAY 2016

Application for termination of the Nardia Plumbing Pty Ltd and CEPU Plumbing Division Certified Agreement 2003 - 2005.

[1] On 16 May 2016 Nardia Plumbing Pty Ltd filed an application pursuant to section 225 of the Fair Work Act 2009 (“the FW Act”) to terminate the Nardia Plumbing Pty Ltd and CEPU Plumbing Division Certified Agreement 2003 - 2005 (“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”) states that:

16 Collective agreement-based transitional instruments: termination by the FWC

Subdivision D of Division 7 of Part 2-4 of the FW Act (which deals with termination of enterprise agreements after their nominal expiry date) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[4] I am satisfied that the Agreement can therefore be terminated by an application under section 225 of the FW Act.

[5] To avoid any confusion, any requirement in relation to the correct form to be used under the Fair Work Rules 2009 is waived. I am satisfied the application as submitted is satisfactory and accompanied with the appropriate supporting documents pursuant to the FW Act.

[6] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

● it is not contrary to the public interest to terminate the Agreement; and

● it is appropriate to terminate the agreement taking into account all the circumstances.

[7] In accordance with s.227 of the FW Act, the termination will come into effect from today.

SENIOR DEPUTY PRESIDENT

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