Norfolk Maintenance Holdings Pty Ltd
[2012] FWA 6301
•31 JULY 2012
[2012] FWA 6301 |
|
DECISION |
Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date
Norfolk Maintenance Holdings Pty Ltd
(AG2012/1696)
Manufacturing and associated industries | |
COMMISSIONER BULL | SYDNEY, 31 JULY 2012 |
Application for termination of the Norfolk Maintenance Holdings Pty Ltd Collective Agreement 2008 - application dismissed.
[1] An application was made pursuant to s.225 of the Fair Work Act (2009) (the Act) for the termination of the Norfolk Maintenance Holdings Pty Ltd Collective Agreement 2008 (the Agreement). The application was filed on 21 May 2012 by Norfolk Maintenance Holdings Pty Ltd (the Employer).
[2] The Tribunal must terminate an enterprise agreement when an application is made under s.225 where the requirements contained in s.226 are met. On 31 May 2012, I issued Directions to the Employer in order to be satisfied with regards to the criteria listed in s.226 of the Act. The Directions required the Employer to post a copy of the application and all attached documents to all employees covered by the Agreement by 7 June 2012. The Directions further required any employee who opposes the application to send written advice to my Chambers by 14 June 2012.
[3] The Directions stated that if there was no opposition to the application made by the Employer, the Agreement would be terminated effective 15 June 2012. If there was opposition to the application, the matter was to be listed for hearing and determination.
[4] On 14 June 2012 my Associate contacted the Employer’s Human Resources Business Partner Sarah Setons who filed the application. Ms Seton advised that the Employer had gone into liquidation after the application was filed and the Directions issued. Ms Seton confirmed that the administrators, PPB Advisory had been provided with a copy of the Directions. Ms Seaton could not confirm what, if any, steps had been taken by the administrators to comply with the Directions.
[5] On 15 June 2012, my Associate telephoned Ms Bridgette Watson of PPB Advisory who advised that she was not aware of the Employer’s application or the Tribunal’s Directions. On that same day, my Associate sent Ms Watson a copy of the application and the Directions by email. Ms Watson was requested to advise my Chambers as to whether the Directions would be complied with. A copy of this email was also sent to Mr Sam Hunt, a Supervisor at PPB Advisory. There has been no response to this email from PPB Advisory.
[6] On 16 July 2012, my Associate emailed Ms Watson, requesting that my Chambers be advised as to the progress of this matter by 23 July 2012. A copy of this email was also sent to Mr Hunt. This email stated that if no advice was received by 23 July 2012, the matter would be dismissed.
[7] To date, my Chambers has not received any correspondence from PPB Advisory or the Employer with regards to the Directions issued. While I am satisfied that the Tribunal has jurisdiction to deal with the matter and is not impeded by ss.440D and 500 of the Corporations Act 2000 1, the Tribunal has had no response to the Directions issued.
[8] I can only conclude the administrator has no interest in progressing the application and as such dismiss the application under s.587(3) of the Act.
COMMISSIONER
1 PR919999.
Printed by authority of the Commonwealth Government Printer
<Price code A, AC317357 PR527097 >
0
0
0