United Group Infrastructure Pty Ltd T/A United Group Infrastructure Pty Ltd

[2017] FWCA 3596

[2017] FWCA 3596

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

United Group Infrastructure Pty Ltd T/A United Group Infrastructure Pty Ltd
(AG2017/2432)

UNITED GROUP INFRASTRUCTURE PTY LTD SYNERGY ALLIANCE AGREEMENT 2009

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 6 JULY 2017

Application for termination of the United Group Infrastructure Pty Ltd Synergy Alliance Agreement 2009.

[1] United Group Infrastructure Pty Ltd t/a United Group Infrastructure Pty Ltd made an application to the Fair Work Commission (FWC) to terminate the United Group Infrastructure Pty Ltd Synergy Alliance Agreement 2009 (the Agreement).

[2] The Agreement has passed its nominal expiry date of 15 May 2010.

[3] For the purposes of Schedule 3, Item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) the Agreement is a Collective Agreement-Based Transitional Instrument. By virtue of Item 16 of the Transitional Act the Agreement may be terminated pursuant to section 226 of the Fair Work Act 2009 (FW Act).

[4] Section 226 of the Act states:

When FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the agreement if:

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

(b) FWA 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.

[5] A Statutory Declaration was filed of Mr Dean Langridge, Industrial Relations Manager, which submits that the termination of the Agreement is not contrary to the public interest as:

(i) No employees are currently employed by the Company under this Agreement; and

(ii) The Company has no intention to engage any employees under the Agreement as the work that was previously undertaken under this Agreement is no longer undertaken.

[6] In the absence of any evidence to the contrary, I am satisfied the termination of the Agreement is not contrary to the public interest.

[7] Taking into account the above, I consider in the circumstances that it is appropriate to terminate the Agreement.

[8] Accordingly, the Agreement is terminated. The termination will come into effect from the date of this decision.

COMMISSIONER

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