Whelan The Wrecker Pty Ltd
[2018] FWCA 532
•25 JANUARY 2018
| [2018] FWCA 532 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.225—Enterprise agreement
Whelan The Wrecker Pty Ltd
(AG2017/6557)
Whelan the Wrecker Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015
| Building, metal and civil construction industries | |
| Deputy President Gooley | MELBOURNE, 25 JANUARY 2018 |
Application for termination of the Whelan the Wrecker Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015.
Whelan the Wrecker Pty Ltd (the Applicant) has applied, pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Whelan the Wrecker Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015 (the Agreement).
The Agreement is expressed to cover the Applicant and the Construction, Forestry, Mining and Energy Union (the CFMEU).
The Applicant advises that there are currently no employees covered by the Agreement.
The Agreement has passed its nominal expiry date.
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.”
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.”
The CFMEU is an organisation which is covered by the Agreement.
On 24 January 2018, the CFMEU advised that it did not oppose the application.
Based on the material contained in 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. I am satisfied that it is appropriate to approve the termination of the Agreement, and I terminate the Agreement.
The termination will operate from 25 January 2018.
DEPUTY PRESIDENT
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