TESA Group Pty Ltd

[2017] FWCA 4392

[2017] FWCA 4392

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

TESA Group Pty Ltd
(AG2017/3520)

TESA GROUP PTY LTD LABOUR HIRE CERTIFIED AGREEMENT 2005, THE

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 28 AUGUST 2017

Application for termination of the TESA Group Pty Ltd Labour Hire Certified Agreement 2005, The.

[1] TESA Group Pty Ltd made an application to the Fair Work Commission (FWC) to terminate the TESA Group Pty Ltd – Labour Hire Division Certificate Agreement 2005 (the Agreement).

[2] The Agreement has passed its nominal expiry date of 1 June 2008.

[3] For the purposes of Schedule 3, Item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) the Agreement is a Collective Agreement-Based Transitional Instrument. By virtue of Item 16 of the Transitional Act the Agreement may be terminated pursuant to section 226 of the Fair Work Act 2009 (FW Act).

[4] Section 226 of the Act states:

When FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the 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.

[5] A Statutory Declaration was filed of Ms Carina Winstanley, HR Advisor, which states that the termination of the Agreement is not contrary to the public interest on the basis that:

(i) there would be no effect on the employer or employees represented,

(ii) there are no employees covered by the Agreement.

[1] In the absence of any evidence to the contrary, I am satisfied the termination of the Agreement is not contrary to the public interest.

[2] Taking into account the above, I find that it is appropriate to terminate the Agreement.

[3] Accordingly, the Agreement is terminated. The termination will come into effect from the date of this Decision.

COMMISSIONER

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