SPC Ardmona Operations Limited

[2019] FWCA 1183

[2019] FWCA 1183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Application for termination of an enterprise agreement after its nominal expiry date

SPC Ardmona Operations Limited
(AG2019/92)

SPC ARDMONA OPERATIONS KYABRAM METALS ELECTRICAL AND MAINTENANCE AGREEMENT 2010

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 22 FEBRUARY 2019

Application for termination of the SPC Ardmona Operations Kyabram Metals Electrical and Maintenance Agreement 2010.

[1] On 17 January 2019 SPC Ardmona Operations Limited (the Applicant) lodged an application pursuant to section 225 of the Fair Work Act 2009 (Cth) (the Act) to terminate the SPC Ardmona Operations Kyabram Metals Electrical and Maintenance Agreement 2010 (the Agreement).

[2] The Agreement has a nominal expiry date of 30 October 2010, and The Australian Workers’ Union (the AWU) is covered by the Agreement.

[3] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to section 225 of the Act 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.”

[4] The employer who is covered by the Agreement seeks its termination on the basis that there have been no employees covered by the Agreement since 2014.

[5] On 1 February 2019 the Commission sought the views of the AWU in relation to the application. No response was received.

[6] On the material before me, I am satisfied that it is not contrary to the public interest to terminate the Agreement, and that termination of the Agreement is appropriate having regard to all the circumstances, including as set out in the Form F24C statutory declaration filed with the application. Accordingly, the Agreement is terminated.

[7] In accordance with section 227 of the Act the termination of the Agreement shall operate from the date of this decision.

COMMISSIONER

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