Rhino Water Tanks & Liners Pty Ltd

[2017] FWCA 5310

[2017] FWCA 5310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Rhino Water Tanks & Liners Pty Ltd
(AG2017/3668)

RHINO WATER TANKS AND LINERS ENTERPRISE AGREEMENT 2011

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 13 OCTOBER 2017

Application for termination of the Rhino Water Tanks and Liners Enterprise Agreement 2011.

[1] This decision concerns an application made by Rhino Water Tanks & Liners Pty Ltd (the Applicant) for the termination of the Rhino Water Tanks and Liners Enterprise Agreement 2011 (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 two statutory declarations from Ms Kathryn Taylor (Ms Taylor) who is the Business Support/HR & QA Coordinator of the Applicant.

[6] Ms Taylor states that the Agreement had a nominal expiry date of 8 November 2014 and that the employees’ pay and conditions will not be changed if the Agreement is terminated. She explains that as of 1 October 2017 the Applicant merged with Kingspan Environmental and the termination of the Agreement will mean all employees post the merger will be covered by the same industrial instrument.

[7] Ms Taylor’s supplementary statutory declaration explains that, in addition to a letter being provided to the employees, a meeting was held to allow employees to express their views and ask questions. At this meeting employees were also provided with a copy of the application and the Commission’s contact details. Ms Taylor states no views were expressed by employees and to date the Commission has not been contacted by any employee in relation to this 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 and the likely effects on employees I do consider in the circumstances here that it is appropriate to terminate the Agreement.

[11] Accordingly, the Rhino Water Tanks and Liners Enterprise Agreement 2011 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

COMMISSIONER

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