Woodrowe Tree Technicians Pty Ltd

[2021] FWCA 1566

[2021] FWCA 1566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Woodrowe Tree Technicians Pty Ltd
(AG2021/353)

WOODROWE TREE TECHNICIANS VEGETATION ENTERPRISE AGREEMENT 2012-2016

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 23 MARCH 2021

Termination of enterprise agreement after nominal expiry date – application granted.

[1] Woodrowe Tree Technicians Pty Ltd has applied to terminate the Woodrowe Tree Technicians Vegetation Enterprise Agreement 2012-2016 (the Agreement). The Agreement covers employees of the company who perform tree clearing and associated duties in Victoria in the electrical distribution/transmission industry.

[2] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to section 225 of the Act as follows:

“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.”

[3] The Agreement expired on 24 January 2016. It covers and applies to 8 employees. According to the company, the employees agree with the application. The Commission sought to confirm the views of employees once the application was made, but no response was received.

[4] The Agreement does not cover any employee organisation.

[5] The materials filed with the application satisfy me that termination of the Agreement would not be contrary to the public interest. The Agreement reached its nominal expiry date more than 4 years ago. While the Agreement will no longer operate, employees’ terms and conditions of employment will remain covered by the Building and Construction General On-site Award 2020 which establishes a safety net of fair minimum terms and conditions of employment for employees. In addition, employees will continue to be paid above Award rates. The company will benefit from streamlining and aligning the terms and conditions of employment of all employees to the Award.

[6] In the circumstances, it is appropriate to terminate the Agreement. The Agreement is terminated effective from today.

COMMISSIONER

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