Programmed Facility Management (PRA) Pty Ltd

[2021] FWCA 5901

[2021] FWCA 5901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Programmed Facility Management (PRA) Pty Ltd
(AG2021/7015)

PROGRAMMED PERTH REGION ALLIANCE CIVIL EMPLOYEES ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 21 SEPTEMBER 2021

Application for termination of the Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2018.

[1] This decision concerns an application made by Programmed Facility Management (PRA) Pty Ltd (the Applicant) for the termination of the Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2018 (the Agreement).

[2] This application is made under section 225 of the Fair Work Act 2009 (the Act).

[3] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[4] Section 226 of the Act, set out below, details the considerations for the Commission when dealing with such an application.

“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.”

[5] The Applicant has provided in support of its application a statutory declaration from Mr Mike Zoetbrood (Mr Zoetbrood), the Industrial Relations Manager for the Applicant.

[6] Mr Zoetbrood explains that the Agreement has a nominal expiry date of 1 September 2021 and that since 9 March 2020 there are no employees covered by the Agreement after the Water Corporation in sourced labour which was previously provided by the Applicant.

[7] The Australian Workers’ Union (the AWU) and the United Workers’ Union (the UWU) were invited to provide any views on the application. The AWU has not made any submission regarding the application. The UWU has submitted that it supports the application.

[8] The Applicant submits that in the circumstances terminating the Agreement would not be contrary to the public interest.

Consideration

[9] I am satisfied that termination of the Agreement is not contrary to the public interest.

[10] Taking into account the views of the employer, the UWU, and accepting the Applicant’s statutory declaration that there are no employees covered by the Agreement, which has not been challenged by either union, I do consider in the circumstances here that it is appropriate to terminate the Agreement.

[11] Accordingly, the Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2018 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

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