Structured Ceilings & Partitions Pty Ltd

[2019] FWCA 7934

[2019] FWCA 7934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Structured Ceilings & Partitions Pty Ltd
(AG2019/3997)

STRUCTURED CEILINGS & PARTITIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2008-2011

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 22 NOVEMBER 2019

Application for termination of the Structured Ceilings & Partitions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2008-2011.

[1] On 18 October 2019, Structured Ceilings & Partitions Pty Ltd made an application in the Fair Work Commission (Commission) pursuant to s.225 of the Fair Work Act 2009 (Cth)(the Act) to terminate the Structured Ceilings & Partitions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2008-2011 (the Agreement) after its nominal expiry date, which was 31 March 2011.

[2] The material before the Commission includes the originating application, an accompanying statutory declaration filed by the employer in support of the application on the Form F24C, and an additional supporting document in the form of a statutory declaration from Mr McHale of the employer.

[3] The Commission wrote to the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) on 25 October 2019 requested they provide their views on whether they consent or object to the application by 30 October 2019. An extension was sought and was granted to the CFMMEU to file their views by 1 November 2019.

[4] On 1 November 2019, the CFMMEU advised the Commission and Mr McHale, that they oppose the application to terminate the Agreement but did not propose to make further submissions in the matter.

[5] The matter was listed for Hearing before me on 21 November 2019 with the CFMMEU invited to attend.

[6] Having regard to the materials filed and the evidence presented in the Hearing, I am satisfied that each of the requirements of s.226 of the Act have been met. As a result, I must approve the termination of the Agreement.

[7] The Agreement is terminated and, pursuant to s.227 of the Act, the termination will come into effect from 22 November 2019.

COMMISSIONER

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