Schiavello (ACT) Pty Ltd

[2011] FWA 3526

[2011] FWA 3526

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Schiavello (ACT) Pty Ltd
(AG2011/9584)

SCHIAVELLO (ACT) PTY LTD ENTERPRISE AGREEMENT 2008-2011

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 6 JUNE 2011

Termination of an enterprise agreement after its nominal expiry date.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) by Schiavello (ACT) Pty Ltd (the Applicant) to terminate the Schiavello (ACT) Pty Ltd Enterprise Agreement 2008-2011 (AC314020) (the Agreement). The nominal expiry date of the Agreement is 1 May 2011.

[2] No employee organisation was involved in the making of the Agreement nor was any employee organisation bound to or a party to the Agreement.

[3] Sections 225 and 226 of the Act provide:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to FWA for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

226 When FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the agreement if:

(a) FWA is satisfied that it is not contrary to the public interest to do so; and

(b) FWA 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.”

[4] The application was the subject of hearing before Fair Work Australia in Melbourne on 1 June 2011. Mr M Nicholls appeared for the Applicant. Having considered the submissions of the Applicant and statutory declaration subsequently submitted by the elected employee representative the Tribunal is satisfied it is not contrary to the public interest to terminate the Agreement.

[5] Pursuant to s.226 of the Act, the Tribunal orders that the Agreement be terminated with effect from 1 June 2011.

COMMISSIONER

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<Price code A,  AC314020  PR510234>