RCR Resolve FM Pty Ltd

[2016] FWCA 5866

[2016] FWCA 5866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

RCR Resolve FM Pty Ltd
(AG2016/4164)

RESOLVE FM (SOUTH WINDSOR & EMU PLAINS CORRECTIONAL COMPLEXES) ENTERPRISE AGREEMENT 2010

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 SEPTEMBER 2016

Application for termination of the Resolve FM (South Windsor & Emu Plains Correctional Complexes) Enterprise Agreement 2010.

[1] On 8 August 2016, RCR Resolve FM Pty Ltd (the Applicant) made an application to terminate the Resolve FM (South Windsor & Emu Plains Correctional Complexes) Enterprise Agreement 2010 (the Agreement) under s.222 of the Fair Work Act 2009 (the Act) using an F24 form.

[2] The Agreement is well past its nominal expiry date which was 26 May 2012. The accompanying Statutory Declaration for the Applicant’s representative, Mr M. Ghilardi did not refer to any vote of employees to terminate the Agreement. Indeed, it indicated that the work/contract covered by the Agreement had ended and there are no employees now covered by the Agreement.

[3] In order to clarify the position I listed the matter for hearing on 18 August 2016. Mr Ghilardi appeared for the Applicant.

[4] It was confirmed that the work covered by the Agreement, namely the provision of facility management services at the South Windsor and Emu Plains Correctional Complexes had ended as of 2 June 2016. There had been no employees as of that date.

[5] Accordingly, the application should have been made under s.225 of the Act. I exercise my discretion pursuant to s.586 of the Act to allow a correction to the application so that it is made pursuant to that section.

[6] Where an application for termination of an agreement is made under s.225, I must terminate the Agreement pursuant to s.226 if I am satisfied as to the matters contained in that section.

[7] The Agreement has long passed its nominal expiry date. There is no work or employees covered by the Agreement.

[8] Accordingly, I am satisfied that it is not contrary to the public interest to terminate the Agreement. I also consider it appropriate to terminate the Agreement taking into account the matters referred to in s.226(b).

[9] The Agreement is therefore terminated. An Order [PR584962] terminating the Agreement accompanies this decision.

DEPUTY PRESIDENT

Appearances:

M. Ghilardi, applicant.

Hearings:

2016

Sydney:

August 18.

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