TRCC Pty Ltd

[2022] FWCA 74

[2022] FWCA 74

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

TRCC Pty Ltd

(AG2022/87)

TRRC Pty Ltd Operations Agreement

Mining industry
COMMISSIONER WILLIAMS	PERTH, 13 JANUARY 2022

Application for termination of the TRRC Pty Ltd Operations Agreement

1. This decision concerns an application made by TRCC Pty Ltd (the Applicant) for the termination of the TRRC Pty Ltd Operations Agreement (the Agreement).

1. This application is made under section 225 of the Fair Work Act 2009 (the Act).

1. This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

1. Section 226 of the Act, set out below, details the considerations for the Commission when dealing with such an application.

“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.”

1. The Applicant has provided in support of its application a statutory declaration from Mr Christopher Elston (Mr Elston), General Manager – People & Safety for the Applicant.

1. Mr Elston explains that the Agreement has a nominal expiry date of 21 January 2019, and that no employee is engaged under the Agreement nor is there any intent to do so in the future.

Consideration

1. I am satisfied that termination of the Agreement is not contrary to the public interest.

1. Taking into account the Applicant’s statement that there are no employees covered by the Agreement, I do consider in the circumstances here that it is appropriate to terminate the Agreement.

1. Accordingly, the TRRC Pty Ltd Operations Agreement is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

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