SRG Global (Northen) Pty Ltd

[2024] FWCA 935

[2024] FWCA 935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

SRG Global (Northen) Pty Ltd

(AG2024/683)

SRG BUILDING (NORTHERN) PTY LTD AND CFMEU ACT POST - TENSIONING SECTOR AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 15 MARCH 2024

Application for termination of the SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2021.

1. SRG Global (Northen) Pty Ltd (Applicant) has made an application to terminate the SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2021 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement and has a nominal expiry date of 30 November 2022.

1. 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 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.

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.

1. The application is accompanied by a statutory declaration made by Ms Skye Britton, HR Manager of the Applicant. Ms Britton stated that the Agreement does not and is not likely to cover any employees based on the following:

·The Agreement does not cover any employees.

·The Agreement has not covered any employees since October 2022.

·The Applicant is no longer an employing entity.

·There are no transferring employees as defined by s.311 of the Act.

·No new employer is covered by the Agreement in accordance with s.313 of the Act.

1. The Construction, Forestry and Maritime Employees Union, being the employee organisation covered by the Agreement, was advised of the application and did not raise any objection.

1. Having regard to the material filed, I am satisfied that all of the requirements set out in s.226 of the Act have been met and that it is appropriate to terminate the Agreement.

1. The termination of the Agreement is approved. The termination operates on and from 15 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511493  PR772390>