Ventia Australia Pty Ltd

[2022] FWCA 4198

[2022] FWCA 4198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Ventia Australia Pty Ltd

(AG2022/4727)

Broadspectrum (Operations, Maintenance & Miscellaneous Services on Gas Wells and Associated Plant) Enterprise Agreement 2017

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 30 NOVEMBER 2022

Application for termination of the Broadspectrum (Operations, Maintenance & Miscellaneous Services on Gas Wells and Associated Plant) Enterprise Agreement 2017

1. On 12 November 2022, Ventia Australia Pty Ltd (Ventia or the Applicant) filed an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Broadspectrum (Operations, Maintenance & Miscellaneous Services on Gas Wells and Associated Plant) Enterprise Agreement 2017 (the Agreement).

1. The Agreement has a nominal expiry date of 25 July 2021. The Agreement has now passed its nominal expiry date.

1. Section 226 of the Act states:

“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 Agreement does not currently cover any employees. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are parties to the Agreement. On 14 November 2022, directions were issued inviting all employee organisations covered by the Agreement to express any views they had in relation to the application for termination.  Neither the AMWU nor the CEPU expressed any views in relation to the application.

1. I have considered the information provided in the application by Ventia pursuant to section 225 of the Act. This includes the declaration made by Ms Rosina Gilmore, People and Capability Business Partner, dated 11 November 2022. Ms Gilmore makes the following submissions in relation to the approval of termination:

·   The Applicant does not continue to provide the services work subject of the Agreement.

·   There was no transfer of business such that there are any employees who continue to be covered by the Agreement.

·   Accordingly, there are currently no employees covered by the Agreement.

1. I am satisfied as to each of the matters contained in section 226 of the Act. I find that it is not contrary to the public interest to terminate the Agreement and that it is appropriate to terminate the Agreement taking into account the views of the employer, the AMWU and the CEPU, and the employees covered by the agreement (noting that there are none) and the effect that the termination will have upon each of them.

1. In accordance with section 224 of the Act, the termination will come into effect on the date of this decision.

COMMISSIONER

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