Parchem Construction Supplies Pty Ltd

[2019] FWCA 3111

[2019] FWCA 3111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Parchem Construction Supplies Pty Ltd
(AG2019/1482)

PARCHEM CONSTRUCTION SUPPLIES PTY LTD (BRUNSWICK) AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 9 MAY 2019

Application for termination of the Parchem Construction Supplies Pty Ltd (Brunswick) Agreement 2015.

[1] Parchem Construction Supplies Pty Ltd (Applicant) has applied, pursuant to s.225 of the Fair Work Act 2009 (Act) to terminate the Parchem Construction Supplies Pty Ltd (Brunswick) Agreement 2015 (Agreement). The Agreement covers the Applicant, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the employees identified in Clause 2.2 of the Agreement. The Agreement passed its nominal expiry date on 1 June 2018.

[2] Section 225 of the Act provides:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.”

[3] Section 226 of the Act provides:

“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] In correspondence to the Respondent on 30 April 2019, the AMWU advised that it did not oppose the application. There are no employees employed by the Applicant who are covered by the Agreement. The operation of the Agreement is confined to the Brunswick site, which closed in 2016 and has not operated since its closure. There are no employees of the Applicant who are covered by the Agreement.

[5] Based on the material contained in the employer’s declaration filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in s.226(b)(i) and (ii), I consider that it is appropriate to terminate the Agreement. There are no other circumstances apparent to me which would militate against this conclusion. As the matters in s.226(a) and (b) are satisfied, the Agreement must be terminated and I terminate the Agreement.

[6] The termination will operate from 9 May 2019.

[7] An order giving effect to this decision is separately issued in PR708024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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