Nederman Mikropul Pty Ltd

[2021] FWCA 5501

[2021] FWCA 5501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Nederman Mikropul Pty Ltd
(AG2021/6067)

AMWU & NEDERMAN MIKROPUL PTY LTD. VICTORIA COLLECTIVE BARGAINING AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 6 SEPTEMBER 2021

Application for termination of the AMWU & NEDERMAN MikroPul Pty Ltd. Victoria Collective Bargaining Agreement 2018.

[1] Nederman Mikropul Pty Ltd has applied to terminate its AMWU & NEDERMAN MikroPul Pty Ltd. Victoria Collective Bargaining Agreement 2018 (the Agreement), under s.225 of the Fair Work Act 2009 (Cth) (Act).

[2] The Agreement is expressed at clause 3 therein to cover the Applicant’s “Service Department” employees who are employed at the location specified at clause 3.2.1 and engaged in the classifications or occupations described by the award(s) in clause 5 and who are eligible for membership of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

[3] The Agreement was approved on 8 March 2019, commenced on 15 March 2019 and has a nominal expiry date of 30 June 2021.

[4] The Commission has received evidence of a Mr Dennis Kovacevic, Aftermarket Manager of the Applicant, in support of the application to terminate the Agreement. The evidence of Mr Kovacevic is that there is only one employee left that is covered by the Agreement and the termination is necessary to allow all of its employees across Australia to be engaged on standard or common terms and conditions. The Commission received evidence that this single employee will continue to be engaged on at least the same or more favourable conditions (with one exception, being the removal of a mandatory annual wage increase which could be either more or less favourable depending on the employee’s performance in any given year).

[5] The AMWU (being a bargaining representative at the time the Agreement was approved and covered by the Agreement 1) and the single employee covered by the Agreement were provided with the application and related materials, given an opportunity to provide any views and did not oppose the application.

[6] In the circumstances, I have decided to determine the application on the papers.

[7] 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 of the circumstances, including the views of the employer and the AMWU.

[8] Accordingly, pursuant to ss.226 and 227 of the Act, I terminate the Agreement with immediate effect. An order [PR733539] giving effect to this decision will issue accordingly.

DEPUTY PRESIDENT

<AE502201  PR733526>

Printed by authority of the Commonwealth Government Printer

 1   AE502201.