AG2015/2342, Transcript of Proceedings [2015] FWCTrans 278 (14 May 2015)

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PN1

THE SENIOR DEPUTY PRESIDENT: Yes, very well. I should note for the record that I have commenced in conference. I've indicated that the union which is party to the agreement for which there's an application for termination, the CFMEU was notified of this hearing by email directed to Ms Kerry Karolak which was - just one moment - which was in fact sent to three addresses at the CFMEU at G Pallot, K Karolak and S Walker. There has been no appearance today from the union. I was advised by Ms Damouni in the conference that she served the application and forms on Kerry Karolak. That email bounced back indicating Ms Karolak no longer worked for the CFMEU so the service was then made by email on Kathy Namont at the union. I am satisfied that the CFMEU has been advised of the hearing and has had an opportunity to appear. So now I will hear from you Ms Damouni in support of your application.

PN2

MS DAMOUNI: May I commence, Your Honour?

PN3

THE SENIOR DEPUTY PRESIDENT: Yes.

PN4

MS DAMOUNI: Antry signed the agreement with the CFMEU when we were awarded the Fiona Stanley contract to do the furniture fit out. At the time we required installers on site and therefore they were employed by Antry to do the works. When that contract was completed, Antry had no more work so we had to let go of these employees, and now the company - I mean, suffered financially and we were reduced to six employees, five plus myself, and we basically now do administration work on smaller sized jobs so we don’t have any more installers or fabricators who are under this agreement.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes.

PN6

MS DAMOUNI: And the reason for it, number one, I that no employees are currently engaged under this agreement with Antry, and the expiry date has past and we don't see any reason for us to be locked into this agreement for any future - - -

PN7

MR DAMOUNI: Sorry, and myself also - like I'm 65 now, I'm slowing down so I'm just trying to have my wife just doing some more management projects and it involves - directly besides running around.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes.

PN9

MR DAMOUNI: So that's slowing down.

PN10

THE SENIOR DEPUTY PRESIDENT: Very well. Okay. When did the last employees complete their work? When were they terminated?

PN11

MS DAMOUNI: Fiona Stanley finished - - -

PN12

MR DAMOUNI: Almost - more than 8 months now.

PN13

MS DAMOUNI: Yes.

PN14

MR DAMOUNI: Around eight months now, last year.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes.

PN16

MS DAMOUNI: We did the furniture fit out and when that was completed we had no more work for them unfortunately and yes, we had to let them go.

PN17

THE SENIOR DEPUTY PRESIDENT: Very well. Thank you for that. Very well. This is an application by Antry Fine Furniture Pty Ltd for the termination of the Antry Fine Furniture and CFMEU (WA) and Employees Enterprise Agreement 2011-2014. The application is brought pursuant to section 225 of the Act which provides for the termination of such an enterprise agreement which has passed its normal expiry date subject to application by the employer and employee covered by the agreement or an employee organisation covered by the agreement. The agreement was approved by Deputy President McCarthy in 2012 FWA/A4612.

PN18

The termination decision provides that the nominal expiry date for the agreement is 31/10/14 which has clearly past so the employer or any other of those parties is entitled to bring an application under section 225 of the Act in those circumstances. The approval decision also indicated the CFMEU is covered by the agreement and I'm satisfied that the CFMEU has been first of all, served by the employer with the application and supportive forms, and provided with the notice of hearing for the purpose of today's hearing. The CMFEU has had an opportunity to appear and has not appeared. Section 226 of the Act deals with when the Commission must terminate an enterprise agreement. It provides that if an application for the termination of an enterprise agreement is made under section 225, the Commission must terminate the agreement if (a) it is satisfied it is not contrary to the public interest to do, and (b) the Commission considers that it's appropriate to terminate the agreement taking into account all the circumstances including the views of the employees, each employer, each employee organisation, if any, covered by the agreement and the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them. The position of Antry Fine Furniture is that it no longer employs persons under the agreement and has not done so for a period of some eight months. The agreement was entered into for the purpose of a contract which was completed at that time and there is no further work for the employees, and Antry currently has no employees. Accordingly, there are no views of the employees to have regard to, and no circumstances which would arise from the termination affecting any employee. In terms of the employee organisation CMFEU, it has not appeared and has not put any views to me about the termination or raised any likely effects the termination will have on them, which would cause me not to approve the termination. Further, I'm satisfied that it is not contrary to the public interest to terminate the agreement in the circumstances put to me by Antry Fine Furniture. That being the case, I'm satisfied as to both of the matters within section 226, and in those circumstances I must terminate the agreement. Accordingly, the agreement will be terminated, specifically the Antry Fine Furniture and CMFEU (WA) and Employees Enterprise Agreement 2011-2014 will be terminated pursuant to section 226 of the Act. In accordance with section 227 of the Act the termination of the agreement shall operate on today's date. I will issue an order to that effect which will be provided to you in due course. I will arrange for transcript to be transcribed and provided for you and my decision is on transcript. I won't separately publish the decision in relation to the termination of the agreement. So thank you for your time this morning.

PN19

MS DAMOUNI: Thank you, your Honour. Thank you for your time.

PN20

THE SENIOR DEPUTY PRESIDENT: I now adjourn.

PN21

MS DAMOUNI: Thank you.

ADJOURNED INDEFINITELY [12.20 PM]

Fair Work Commission Transcripts

AG2015/2342, Transcript of Proceedings [2015] FWCTrans 278 (14 May 2015)