Rocla Pty Ltd T/A Rocla Pipeline Products
[2021] FWCA 4033
•13 JULY 2021
| [2021] FWCA 4033 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date
Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2021/5632)
ROCLA PTY LTD - EMU PLAINS ENTERPRISE AGREEMENT 2019
Cement and concrete products | |
COMMISSIONER RIORDAN | SYDNEY, 13 JULY 2021 |
Application for termination of the Rocla Pty Ltd - Emu Plains Agreement 2019.
[1] On 17 June 2021, Rocla Pty Ltd T/A Rocla Pipeline Products (the Employer) made an application under s.225 of the Fair Work Act 2009 (the Act) to terminate the Rocla Pty Ltd - Emu Plains Agreement 2019 (the Agreement). The Agreement has passed its nominal expiry date.
[2] The application was supported by a statutory declaration from Ms Allyson Urquhart, Human Resource Business Partner of the Employer. Ms Urquhart provided that due to a business re-structure, the relevant site where the Agreement applied was announced to close to employees on 20 April 2020. As a result of the closure, the employees covered by the Agreement left the business via redundancy. The last employee covered by the Agreement was terminated on 10 June 2021. Ms Urquhart stated the site is now closed, and there is no intention to engage employees under the instrument in the foreseeable future.
[3] Noting there are no employees currently covered by the Agreement, on 18 June 2021, my Associate wrote to the Australian Workers’ Union (AWU), which is covered by the Agreement, seeking its views as to the application and likely effect of termination of the Agreement.
[4] The AWU provided a written response to my Chambers on 8 July 2021, consenting to the application.
[5] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.
[6] The termination will come into effect from 13 July 2021.
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