Wastech Field Service P/L

[2017] FWCA 260

[2017] FWCA 260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Wastech Field Service P/L
(AG2017/83)

TIEMAN INDUSTRIES PTY LTD - SOUTH AUSTRALIA WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 17 JANUARY 2017

Application for termination of the Tieman Industries Pty Ltd - South Australia Workplace Agreement 2014.

[1] Wastech Field Service Pty Ltd has applied, pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Tieman Industries Pty Ltd - South Australia Workplace Agreement 2014.

[2] The Agreement is expressed to cover Tieman Industries Pty Ltd, which was purchased by Wastech in August 2015. The Agreement transferred to Wastech and now covers it and applies to the employment of transferring employees.

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

[4] 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.”

[5] 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.”

[6] A statutory declaration was received in the form of an F24C from Mr Brett Jones signed on 12 January 2017. In this statutory declaration, Mr Jones advised that the Agreement applied to one employee and that the employee no longer wished to be covered by the Agreement as he had been offered employment under equivalent conditions..

[7] Based on the material contained in Wastech’s application and the 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.

[8] I am satisfied that it is appropriate to approve the termination of the Agreement, and I terminate the Agreement.

[9] The termination will operate from 17 January 2017.

DEPUTY PRESIDENT

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