Rocla Pty Ltd T/A Rocla Pipeline Products

[2021] FWCA 4568

[2021] FWCA 4568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 225 - Application for termination of an enterprise agreement after its nominal expiry date

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2021/5975)

ROCLA KAURNA AVENUE EDINBURGH ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT ANDERSON	ADELAIDE, 29 JULY 2021

Application for termination of the Rocla Kaurna Avenue Edinburgh Enterprise Agreement 2019

[1] On 2 July 2021 Rocla Pty Ltd trading as Rocla Pipelines Products (Rocla) applied to the Commission to terminate the Rocla Kaurna Avenue Edinburgh Enterprise Agreement 2019 (the Agreement) under section 225 of the Fair Work Act 2009 (the FW Act).

[2] I issued Directions on 7 July 2021. These Directions required Rocla to make the documents lodged as part of this application available to employees with an interest in the application for inspection, such as by electronic means or on a relevant noticeboard accessible to all employees. Rocla was instructed to provide confirmation that this has occurred, or that there are no employees with an interest in the Directions.

[3] On 7 July 2021 Rocla confirmed that the site at which the Agreement applied had closed and that as part of that closure that all employees were made redundant. Rocla confirmed there are no employees covered by the Agreement and further advised that it has no intention of re-employing any of the former employees.

[4] My Directions required in the event that an affected employee sought to oppose the application, or otherwise be heard on it, that advice must have been provided to the Commission and Rocla by close of business on Friday 28 July 2021.

[5] No correspondence was received from anyone purporting to be an affected employee.

[6] Rocla is entitled to apply for the termination of the Agreement pursuant to section 225 of the FW Act.

[7] Section 226 of the FW Act provides as follows:

“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.”

[8] The Agreement is a single enterprise agreement. It was approved on 23 July 2019 and its nominal expiry date was 30 June 2021. 1 It has now passed its nominal expiry date.

[9] The Applicant’s evidence is that following a business restructure the site at which the Agreement applied was closed. At this time the employees at that site were made redundant and their employment with Rocla ceased. Rocla submits that as there are no employees currently covered by the Agreement it is no longer applicable and it is in the public interest to grant this application.

[10] I have considered the information provided in the application pursuant to section 225 of the FW Act. This includes the Form 24C Declaration of Rachelle Holt dated 2 July 2021. I also take into account that no objections have been received or other requests to be heard from anyone purporting to be an employee covered by the Agreement.

[11] I am satisfied as to each of the matters contained in section 226 of the FW Act. It is appropriate to terminate the Agreement given the circumstances. Accordingly, the Agreement is terminated.

[12] The termination will come into effect from 11.59pm 29 July 2021. An Order to this effect will be issued in conjunction with this Decision. 2

DEPUTY PRESIDENT

 1   [2019] FWCA 5121

 2   PR732241

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