The Trustee for Arthur Tzaneros Discretionary Trust & The Trustee for Luke Webber Trust T/A Labourpower Recruitment Services Joint Venture

[2019] FWCA 7013

[2019] FWCA 7013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

The Trustee for Arthur Tzaneros Discretionary Trust & The Trustee for Luke Webber Trust T/A Labourpower Recruitment Services Joint Venture
(AG2019/3718)

ETU AND LABOURPOWER RECRUITMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2007-2010

Electrical power industry
COMMISSIONER BISSETT	MELBOURNE, 11 OCTOBER 2019

Application for termination of the ETU and LABOURPOWER RECRUITMENT SERVICES PTY LTD Enterprise Agreement 2007-2010.

[1] On 30 September 2019 The Trustee for Arthur Tzaneros Discretionary Trust & The Trustee for Luke Webber Trust T/A Labourpower Recruitment Services Joint Venture (the Company) made an application pursuant to section 225 of the Fair Work Act 2009 (FW Act) for the termination of an enterprise agreement after its nominal expiry date. The agreement is the ETU and LABOURPOWER RECRUITMENT SERVICES PTY LTD Enterprise Agreement 2007-2010 (the Agreement). The nominal expiry date of the Agreement is 31 October 2010.

[2] Section 226 of the FW Act provides that the Fair Work Commission (Commission) must terminate an agreement following an application made under section 225 if:

(a) FWC is satisfied that it is not contrary to the public interest to do so; and

(b) 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being the employee organisation covered by the Agreement, was advised of the application by email on 3 October 2019. No response was received.

[4] The application was accompanied by a Statutory Declaration from Mr Luke Webber, Owner/Managing Director of the Company, dated 30 September 2019, which outlined the grounds of the application. These were that the Company no longer employs electrical or trade workers, that the Agreement hasn’t been applied for many years, and there were no employees covered by the Agreement.

[5] On the basis of the material before me, I am satisfied that the termination of the Agreement would not be contrary to the public interest. Further, I have considered the circumstances of the matter and have concluded that termination of the Agreement is appropriate.

[6] Therefore, in accordance with section 226 of the FW Act, I must terminate the Agreement. The application to terminate the Agreement is approved.

[7] The termination will take effect from today’s date, Friday 11 October 2019.

COMMISSIONER

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