The Trustee for J D Glasper Family Trust T/A John Glasper Airconditioning Pty Ltd

[2021] FWCA 330

[2021] FWCA 330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

The Trustee for J D Glasper Family Trust T/A John Glasper Airconditioning Pty Ltd
(AG2021/51)

JOHN GLASPER AIRCONDITIONING PTY LTD AND PLUMBERS UNION VIC COMMERCIAL REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 JANUARY 2021

Application for termination of the John Glasper Airconditioning Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015.

[1] John Glasper Airconditioning Pty Ltd (the Applicant) has applied to terminate its John Glasper Airconditioning Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015 1 (the Agreement) under the Fair Work Act 2009 (Cth) (Act).

[2] The Agreement covers all employees of the Applicant enterprise, in its airconditioning services, installation and repairs business, covered by the classifications referred to therein and detailed at Appendix A of the Agreement. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative at the time the Agreement was approved, is also noted as covered by the Agreement pursuant to s.201(2) of the Act.

[3] The Agreementwas approved on 15 October 2013,commenced on 22 October 2013 andhas a nominal expiry date of 30 June 2015.

[4] Mr John Glasper (Director of the Applicant) provided a statutory declaration in support of the application, in which he declared that termination of the Agreement is of no particular effect on the organisation or its employees because they no longer perform work on construction sites or at Masters stores, being the work the Agreement was intended to cover. He also declared that the termination of the Agreement is not contrary to the public interest.

[5] The CEPU was given an opportunity to provide any views to the Commission in relation to the application. The CEPU advised that it continues to represent employees covered by the Agreement and did not oppose the application.

[6] The Commission also received evidence that all affected or potentially affected employees have been: served with this application and accompanying documents; notification of Commission proceedings and an invitation to provide their views (if any) to the Commission. No employees provided their views or opposed the termination of the Agreement.

[7] In the circumstances, I have decided to determine the application on the papers.

[8] Having regard to the materials before the Commission and the matters I am required to take into account pursuant to s.226 of the Act: 

(a) I am satisfied that termination of the Agreement is not contrary to the public interest; and

(b) I consider that it is appropriate to terminate the Agreement taking into account all the circumstances, including the views of the employer and those employees who chose to provide their views in relation to the application.

[9] Accordingly, pursuant to ss.226 and 227 of the Act, I terminate the Agreement with immediate effect.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE404786  PR726373>

 1   [2013] FWCA 8085.