UGL Operations & Maintenance Pty Ltd

[2022] FWCA 1292

[2022] FWCA 1292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

UGL Operations & Maintenance Pty Ltd

(AG2022/748)

UGL Operations and Maintenance Pty Ltd BP Refinery (Kwinana) Site Local Services Enterprise Agreement 2018

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 12 APRIL 2022

Application for termination of the UGL Operations and Maintenance Pty Ltd BP Refinery (Kwinana) Site Local Services Enterprise Agreement 2018

1. This decision concerns an application made by UGL Operations & Maintenance Pty Ltd (“UGL”) for the termination of the UGL Operations and Maintenance Pty Ltd BP Refinery (Kwinana) Site Local Services Enterprise Agreement 2018 (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 Ms Stephanie Evans (Ms Evans), Industrial Relations Advisor for the Applicant.

1. Ms Evans explains that the Agreement has a nominal expiry date of 1 August 2021, and that the Applicant does not currently cover any employees under the Agreement.

1. The Applicant submits that in the circumstances terminating the Agreement would not be against public interest.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a party to the Agreement, was invited by the Commission to make any submissions in response to the application.

1. As of the date of this decision, the CEPU has not expressed any views on the application.

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 UGL Operations and Maintenance Pty Ltd BP Refinery (Kwinana) Site Local Services Enterprise Agreement 2018 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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