Swire Oilfield Services Pty Ltd

[2015] FWCA 5138

[2015] FWCA 5138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Swire Oilfield Services Pty Ltd
(AG2015/3664)

SWIRE OILFIELD SERVICES ENTERPRISE AGREEMENT 2010

Oil and gas industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 12 AUGUST 2015

Application for termination of the Swire Oilfield Services Enterprise Agreement 2010.

[1] This decision follows an application made on 23 June 2015 by Swire Oilfield Services Pty Ltd (the applicant) under s.225 of the Fair Work Act 2009 (the Act) to terminate the Swire Oilfield Services Enterprise Agreement 2010 (AE881944) (the Agreement).

[2] The Agreement has a nominal expiry date of 31 August 2014.

[3] Following confirmation from the applicant that the provisions of s.226(b)(i) were met, the matter was the listed for hearing based on the material before the Commission. No party submitted contrary to the submissions of the applicant.

[4] The Act says :

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.


227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.

[5] I am satisfied the relevant sections of the Act are met such that I must terminate the Agreement. The termination will take effect from 12 August 2015.

DEPUTY PRESIDENT

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<Price code A, AE881944  PR569892>