Thomas Contracting Services Pty Ltd

[2015] FWCA 6901

[2015] FWCA 6901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Thomas Contracting Services Pty Ltd
(AG2015/4925)

THOMAS CONTRACTING SERVICES PTY LTD WESTERN AUSTRALIA & NORTHERN TERRITORY EMPLOYEE COLLECTIVE AGREEMENT 2009

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 7 OCTOBER 2015

Application for termination of the Thomas Contracting Services Pty Ltd Western Australia & Northern Territory Employee Collective Agreement 2009.

[1] This decision concerns an application by Thomas Contracting Services Pty Ltd (the applicant) pursuant to section 225 of the Fair Work Act 2009 (the Act) to terminate the Thomas Contracting Services Pty Ltd Western Australia & Northern Territory Employee Collective Agreement 2009 (the Agreement). The Agreement had a nominal expiry date of 6 August 2014.

[2] The relevant provisions of the Act are as follows:

“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.”

[3] The applicant’s Managing Director Mr Ben Thomas has provided a statutory declaration that the employees covered by the Agreement are remunerated in excess of the Agreement rates and entitlements and will not be disadvantaged by the termination of the Agreement.

[4] On the basis of the information provided by the applicant in this case I am satisfied that it is not contrary to the public interest to terminate the Agreement and considering all the circumstances I am satisfied it is appropriate to terminate the Agreement.

[5] Accordingly, the Thomas Contracting Services Pty Ltd Western Australia & Northern Territory Employee Collective Agreement 2009 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

COMMISSIONER

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