Applications for termination of two certified agreements under s.170MH of the Workplace Relations Act 1996 (pre reform). The agreements had passed their nominal expiry dates (31 October 2005) and there were no employees covered by the agreements.
Thiess sought termination in order to ensure that its industrial instruments complied with the National Code of Practice for the Construction Industry. To engage any employee under the terms of the old certified agreements would breach the Code. The old agreements also contained what is now prohibited content.
The AIRC hearing commenced on 22 June, when the CFMEU objected to the ABCC’s intervention. Ives DP agreed with the earlier decision of Gregor C in LKJV v CMFEU that the ABCC’s intervention power under s.72 BCII Act is not limited by the general intervention power in the Workplace Relations Act 1996. The discretion to intervene resides with the ABC Commissioner, not the AIRC.
On 29 June Ives DP handed down his decision that it would not be contrary to the public interest to terminate the two agreements.