Technical Plumbing Solutions Pty Ltd

[2016] FWCA 642

DECISION

Fair Work Act 2009

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Technical Plumbing Solutions Pty Ltd

(AG2016/2201)

TECHNICAL PLUMBING SOLUTIONS PTY LTD - MEDICAL AND

LABORATORY GAS PLUMBING - UNION COLLECTIVE

AGREEMENT 2011 - 2015

Plumbing industry

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 1 FEBRUARY 2016

Application for termination of the Technical Plumbing Solutions Pty Ltd - Medical and

Laboratory Gas Plumbing Union Collective Agreement 2011 - 2015.

[1] On 27 January 2016 Technical Plumbing Solutions Pty Ltd filed an application

pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Technical Plumbing

Solutions Pty Ltd - Medical and Laboratory Gas Plumbing Union Collective Agreement 2011

- 2015 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed. The employer

has declared that there are no longer any employees covered by the Agreement.

[3] In having regard to the requirements of s.226 of the Act and based on the material that

is before me, I am satisfied that:

 it is not contrary to the public interest to terminate the Agreement; and
 taking into account all the circumstances, it is appropriate to terminate the
Agreement.
[4] In accordance with s.227 of the Act, the termination will come into effect today.

[2016] FWCA 642

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Technical Plumbing Solutions Pty Ltd, the applicant sought an order for the termination of the Technical Plumbing Solutions Pty Ltd - Medical and Laboratory Gas Plumbing Union Collective Agreement 2011-2015, following its nominal expiry date. The application was brought pursuant to section 225 of the Fair Work Act 2009, with the Fair Work Commission exercising its jurisdiction under the Act. The applicant argued that the Agreement had expired and that it was in the best interest of the parties and the public to terminate the Agreement.

The legal issues before the Court involved determining whether the Agreement had indeed expired and if its termination was in accordance with the provisions of the Fair Work Act. The applicant also needed to demonstrate that the termination was not contrary to the public interest and was appropriate under the circumstances. The Court had to weigh these considerations against the rights and obligations of the parties under the Agreement.

The Senior Deputy President, Richards, found that the Agreement had indeed expired and that there were no longer any employees covered by it, as declared by the employer. The Court also determined that terminating the Agreement was not contrary to the public interest and, considering all the circumstances, it was appropriate to terminate the Agreement. As a result, the Senior Deputy President made an order under section 227 of the Fair Work Act, terminating the Agreement with immediate effect.

In conclusion, the Fair Work Commission granted the applicant's request to terminate the Technical Plumbing Solutions Pty Ltd - Medical and Laboratory Gas Plumbing Union Collective Agreement 2011-2015, effective immediately. The Court found that the Agreement had expired and that its termination was in the best interest of the parties and the public. The decision highlights the importance of adhering to the provisions of the Fair Work Act and the process to be followed when seeking to terminate an enterprise agreement after its nominal expiry date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established