Waycon Services Pty Ltd
[2017] FWCA 5070
•3 OCTOBER 2017
| [2017] FWCA 5070 |
| FAIR WORK COMMISSION |
| decision |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument
Waycon Services Pty Ltd
(AG2017/4310)
Waycon Services Pty Ltd (Civil Sector) /CFMEU Enterprise Agreement expiring 31 March 2008
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT DEAN | SYDNEY, 3 OCTOBER 2017 |
Application for termination of the Waycon Services Pty Ltd (Civil Sector) /CFMEU Enterprise Agreement expiring 31 March 2008.
On 19 September 2017, Waycon Services Pty Ltd made an application pursuant to Item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act) to terminate the Waycon Services Pty Ltd (Civil Sector) /CFMEU Enterprise Agreement expiring 31 March 2008 (the Agreement).
Item 16 of Schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.
The Agreement is a collective agreement-based transitional instrument and has passed its nominal expiry date. Accordingly, I must terminate the Agreement if I am satisfied that that each of the requirements of s.226 of the Act have been met.
Based on the material contained in the statutory declaration filed with the application, I am satisfied that the termination of the Agreement is not contrary to the public interest. There is nothing before me which raises public interest considerations which might militate against the termination of the Agreement.
The Constructive, Forestry, Mining and Energy Union, being an organisation covered by the Agreement, notified the Commission that it did not oppose the application.
Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.
The termination will come into effect from the date of this decision.
DEPUTY PRESIDENT
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