PR952829 AG807613 PR952829 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.170MH termination of certified agreement Hardwork (Qld) Pty Ltd (AG2004/6848) HARDWORK (QLD) PTY LTD CERTIFIED AGREEMENT 2001 (AG2001/2577) [AG807613 PR904183 ] Wholesale and retail trade COMMISSIONER RICHARDS BRISBANE, 29 OCTOBER 2004 Termination of certified agreement DECISION [1] On 3 August 2004, an application was lodged by Hardwork (Qld) Pty Ltd ("the Applicant") pursuant to s.170MH of the Workplace Relations Act 1996 ("the Act") to terminate the Hardwork (Qld) Pty Ltd Certified Agreement 2001 ("the Agreement"). [2] Subsection 170MH (1) of the Act is in the following terms: "s.170MH (1) [Application for termination] After the nominal expiry date of a certified agreement: (a) the employer; or (b) a majority of the employees whose employment is subject to the agreement; or (c) an organisation of employees that is bound by the agreement and that has at least one member whose employment is subject to the agreement; may apply to the Commission to have the agreement terminated." [3] Having examined the terms of the Agreement, and particularly clause 1.4 thereof, in the Commission's view the nominal expiry date of the Agreement, which was 10 May 2004, has passed. Consequently, the application pursuant to s.170MH was made after that relevant date. [4] The Commission is also of the view that the Applicant, in the circumstances of this application, which are explained below, is the employer entitled to make an application under this section of the Act. 1 [5] Subsection 170MH (2) is as follows: "s.170MH (2) [Commission must obtain views of persons bound] On receiving the application, the Commission must take such steps as it considers appropriate to obtain the views of persons bound by the agreement about whether it should be terminated." [6] In the circumstances of this application, the employer no-longer trades and employs no employees. There are no employees bound by the agreement. Consequently, there are no steps the Commission can take to obtain the views of persons so bound. The requirements of s.170MH(2) of the Act are therefore exhausted. [7] Subsection 170MH(3) is in the following terms: "170MH (3) [Termination not contrary to public interest] If, after complying with subsection (2), the Commission considers that it is not contrary to the public interest to terminate the agreement, the Commission must, by order, terminate the agreement." [8] Having regard to the materials before it, and having also examined the terms of the Agreement, the Commission is of the view that it is not contrary to the public interest to terminate the Agreement. [9] In determining the issue of public interest, the Commission has had regard to Joy Machinery (Moss Vale Site) Certified Agreement 1998 - 1999 covering the McCourt Road Site. 2 [10] Subsection 170MH (4) provides as follows: "170MH (4) [Effect of termination] The termination takes effect when the Commission's order takes effect." [11] Consequently, an order to terminate the Agreement will be issued along with this decision, with effect from Monday, 8 November 2004. BY THE COMMISSION: COMMISSIONER RICHARDS Printed by authority of the Commonwealth Government Printer <Price code {A}> 1 see, Bacon C, Ebenezer Mining Company Pty Ltd Certified Agreement 1997, Brisbane, 14 April 2003 [PR930426] 2 Munro J, Sydney, 25 September 2000, [T1133].