Venture Campbellfield Pty Ltd

[2016] FWCA 7606

[2016] FWCA 7606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Venture Campbellfield Pty Ltd
(AG2016/6492)

VENTURE CAMPBELLFIELD ENTERPRISE AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 19 DECEMBER 2016

Application for termination of the Venture Campbellfield Enterprise Agreement 2014.

[1] Venture Campbellfield Pty Ltd (the Applicant) has applied, pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Venture Campbellfield Enterprise Agreement 2014 (the Agreement).

[2] The Agreement is expressed to cover the Applicant as a supplier for Ford Australia and manufactured vehicle components at its site located at 1741 Sydney Road, Coburg, adjacent to the Ford Australia factory.

[3] Ford Australia and the Applicant ceased manufacturing on 7 October 2016.

[4] All employees of the Applicant were made redundancy on 7 October 2016 and paid full redundancy in accordance with the terms of the Agreement.

[5] The Agreement has passed its nominal expiry date.

[6] Section 225 of the Act provides:

“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.”

[7] Section 226 of the Act provides:

“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.”

[8] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are organisations which are covered by the Agreement.

[9] The matter was listed for conference on 14 November 2016. Directions were issued and the matter was then listed for hearing on 19 December 2016.

[10] The Applicant made submission and the AMWU and CEPU both advised “we note that we do not agree with the termination of the enterprise agreement but do not seek to make a submission or be heard on the matter”.

[11] Based on the material contained in the Applicant’s submissions and employer’s declaration filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in s.226(b)(i) and (ii), I consider that it is appropriate to terminate the Agreement. There is nothing before me which raises public interest considerations which might militate against termination of the Agreement. I am satisfied that it is appropriate to approve the termination of the Agreement, and I terminate the Agreement.

[12] The termination will operate from 19 December 2016.

DEPUTY PRESIDENT

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