Wormald Australia Pty Ltd T/A Wormald

[2020] FWCA 4828

[2020] FWCA 4828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2020/2554)

WORMALD ALBURY & WAGGA SERVICE BRANCHES VEHICLE SYSTEMS AGREEMENT 2013-2016

Fire fighting services
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 SEPTEMBER 2020

Application for termination of the Wormald Albury & Wagga Service Branches Vehicle Systems Agreement 2013-2016.

[1] This decision concerns an application made by Wormald Australia Pty Ltd for the termination of the Wormald Albury & Wagga Service Branches Vehicle Systems Agreement 2013-2016 (Agreement).

[2] This application is made under s.225 of the Fair Work Act 2009 (Act).

[3] This section of the Act allows an employer to apply to the Commission for the termination of an enterprise agreement that has passed its nominal expiry date.

[4] Section 226 of the Act details the considerations for the Commission when dealing with such an application. It reads:

“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”.

[5] The Applicant has provided a statutory declaration from Mr Paul Barbuto in support of its termination application. Mr Barbuto is the “Regional General Manager Victoria and Tasmania” for the Applicant.

[6] Mr Barbuto explains that the termination of the Agreement will not undermine an existing employee terms and conditions. There being only one employee employed under the Agreement, the termination of the Agreement will allow the employer and employee to enter into a contract that is, in the view of the parties, better than the Agreement. Further, again noting that there is only one employee employed under the Agreement, it cannot be renegotiated.

Consideration

[7] I am satisfied on the evidence that the termination of the Agreement is not contrary to the public interest.

[8] Taking into account the circumstances and views of the one employee to whom the Agreement applies, and those of the Applicant, as well as the effect that the termination of the Agreement will have on the Applicant and its employee, I consider that it is appropriate to terminate the Agreement.

[9] Accordingly, the Agreement is terminated and pursuant to s.227 of the Act. The termination is to take effect on and from the date of this decision.

DEPUTY PRESIDENT

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