SKILLED Group Limited
[2018] FWCA 1349
•8 MARCH 2018
| [2018] FWCA 1349 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.225—Enterprise agreement
SKILLED Group Limited
(AG2018/267)
Skilled Metals Engineering Labour Hire Agreement 2012
| Manufacturing and associated industries | |
| Deputy President Masson | MELBOURNE, 8 MARCH 2018 |
Application for termination of the Skilled Metals Engineering Labour Hire Agreement 2012.
Skilled Group Limited (Applicant) has applied, pursuant to s.225 of the Fair Work Act 2009 (Act), to terminate the Skilled Metals Engineering Labour Hire Agreement 2012 (Agreement). The Agreement is expressed to cover the Applicant, The Australian Workers’ Union (AWU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The Agreement has passed its nominal expiry date.
I note that at paragraph 1.2 of the Form 24B – Application for termination of an enterprise agreement after nominal expiry date, the Applicant has entered the agreement publication identification number as AE895924. This publication identification number is incorrect and was entered on the Agreement published by the Fair Work Commission in error. The Fair Work Commission has now amended this error to reflect the correct publication identification number of the Agreement as AE895971.
Section 225 of the Act provides:
“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 the FWC 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.”
Section 226 of the Act provides:
“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 AWU and the AMWU are organisations covered by the Agreement. In correspondence to my Chambers of 6 February 2018, the AWU and AMWU advised that they do not oppose the application. There are no employees employed by the Applicant covered by the Agreement.
Based on the material contained in the employer’s declaration filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in s.226(b)(i) and (ii), I consider that it is appropriate to terminate the Agreement. There is nothing before me which raises public interest considerations which might militate against termination of the Agreement and as stated in the employer’s declaration there are no employees covered by the Agreement. I am satisfied that it is appropriate to approve the termination of the Agreement, and I terminate the Agreement.
The termination will operate from 8 March 2018.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE895971 PR600921>
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