Redisand Pty Limited
[2022] FWCA 413
•9 FEBRUARY 2022
| [2022] FWCA 413 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
Redisand Pty Limited
(AG2022/226)
Redisand Pty Ltd Enterprise Agreement 2015
| Quarrying industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 9 FEBRUARY 2022 |
Application for termination of the Redisand Pty Ltd Enterprise Agreement 2015
An application has been made by Redisand Pty Limited (Applicant) for the termination of the Redisand Pty Ltd Enterprise Agreement 2015 (Agreement).
The application is made under s.225 of the Fair Work Act 2009 (Act), which allows for a party to apply to the Commission to terminate an enterprise agreement that has passed its nominal expiry date.
Relevantly, s.226 of the Act reads:
“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”.
The Applicant employer has provided, in support of its termination application, a statutory declaration from Ms Nancy Shepherdson, Administration Manager of the Applicant, along with signed statements by the four employees to whom the Agreement covers and applies.
Ms Shepherdson explains that the Agreement is outdated and does not provide for any additional benefits outside of the Cement, Lime and Quarrying Award 2020. She advises that the Applicant prefers to move forward with other above award contractual arrangements negotiated with and agreed to by employees individually. The evidence is that all relevant employees support the termination of the Agreement.
Consideration
I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account the views of the Applicant, and its relevant employees, I do consider in the circumstances here that it is appropriate to terminate the Agreement. Accordingly, the Agreement is terminated and pursuant to s.227 of the Act, the termination takes effect on and from the date of this decision.
DEPUTY PRESIDENT
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