Steel Cement Pty Ltd T/A Steel Cement

[2016] FWCA 5806

[2016] FWCA 5806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Steel Cement Pty Ltd T/A Steel Cement
(AG2016/1536)

STEEL CEMENT (PORT MELBOURNE) ENTERPRISE AGREEMENT 2012

Cement and concrete products
COMMISSIONER RYAN	MELBOURNE, 29 AUGUST 2016

Application for termination of the Steel Cement (Port Melbourne) Enterprise Agreement 2012.

[1] Application has been made by Steel Cement Pty Ltd T/A Steel Cement (the Applicant) for termination of the Steel Cement (Port Melbourne) Enterprise Agreement 2012 (the Agreement) made under the Fair Work Act 2009 (the Act)and which has passed its nominal expiry date of 30 April 2016.

[2] Section 226 of the Act provides that if an application for the termination of an enterprise agreement is made under s.225 of the Act, the Fair Work Commission (FWC) must terminate an enterprise 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.

[3] The Australian Workers’ Union (AWU) is the employee organisation covered by the Agreement. The views of the AWU were sought in relation to this application. The AWU has advised that it does not oppose the application.

[4] I consider that it is appropriate to terminate the Agreement taking into account all of the circumstances of the matter including the matters set out in sub-paragraphs 226(b)(i) and (ii) of the Act.

[5] The termination takes effect from 29 August 2016.

COMMISSIONER

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