Sunland Constructions (Qld) Pty Ltd

[2019] FWCA 6118

[2019] FWCA 6118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Sunland Constructions (Qld) Pty Ltd
(AG2019/2470)

Sunland Constructions (Qld) Pty Ltd and CFMEU Union Collective Agreement 2015 – 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 2 SEPTEMBER 2019

s.225—Enterprise agreement - Application for termination of the Sunland Constructions (Qld) Pty Ltd and CFMEU Union Collective Agreement 2015 – 2019

[1] On 9 July 2019 Sunland Constructions (Qld) Pty Ltd made an application to terminate the Sunland Constructions (Qld) Pty Ltd and CFMEU Union Collective Agreement 2015 – 2019 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The Agreement’s nominal expiry date has passed.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being an employee organisation covered by the Agreement, pressed an objection to the Agreement being terminated. According to the CFMMEU’s submissions, the Fair Work Commission needed to be satisfied that the termination of the Agreement was not contrary to the public interest, taking into consideration the generally itinerant and project-based work in the building and construction industry, and whether the Applicant’s evidence of currently employing no employees was sufficient to warrant a termination of the Agreement.

[3] In response to the CFMMEU’s submissions, the Applicant submitted that the Applicant had shut down its multistorey construction business and did not have any plans to restart this element of its business. It was further submitted by the Applicant that while the Applicant currently had two multistorey projects under construction, both of these projects were being built by a third party builder. It could reasonably be determined that this is the way the Applicant intends to conduct its construction business into the future. These submissions were confirmed in the Applicant’s Form F24C – Statutory declaration in relation to termination of an enterprise agreement after the nominal expiry date, by way of evidence.

[4] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from 2 September 2019.

DEPUTY PRESIDENT

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