Omega Access Solutions Pty Ltd

[2019] FWCA 4605

[2019] FWCA 4605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Omega Access Solutions Pty Ltd
(AG2019/2111)

OMEGA ACCESS SOLUTIONS PTY LTD AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 2 JULY 2019

Application for termination of the Omega Access Solutions Pty Ltd and ETU Enterprise Agreement 2010-2014.

[1] On 21 June 2019 Omega Access Solutions Pty Ltd lodged an application pursuant to section 225 of the Fair Work Act 2009 (Cth) (the Act) to terminate the Omega Access Solutions Pty Ltd and ETU Enterprise Agreement 2010-2014 (the Agreement).

[2] The Agreement has a nominal expiry date of 31 October 2014. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is covered by the Agreement.

[3] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to section 225 of the Act as follows:

“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.”

[4] The termination is sought on the basis that the Agreement has long since expired, is of limited scope and applies to a small group of five employees who are the only remaining employees of Omega Group covered by an enterprise agreement. This creates workplace disparities and inefficiencies which the applicant seeks to resolve by this application.

[5] The Form F24C statutory declaration filed on behalf of the applicant indicates that the employees covered by the Agreement were involved in discussions about terminating the Agreement and the consequences for them. The employees support the application and will benefit from increased remuneration. An undertaking has been given by the application to maintain employer income protection and portable long service leave contributions if the Agreement is terminated.

[6] The CEPU does not oppose the application.

[7] On 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 all the circumstances, including as set out in the Form F24C statutory declaration filed with the application. Accordingly, the Agreement is terminated.

[8] In accordance with section 227 of the Act, the termination of the Agreement shall operate from the date of this decision.

COMMISSIONER

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