BAMPAK BUILDING PTY LTD ENTERPRISE AGREEMENT 2021

Application for termination of the Bampak Building Pty Ltd Enterprise Agreement 2021

[1] Bampak Building Pty Ltd atf Bampak Building Discretionary Trust ("the Applicant") has applied for the Commission to terminate the Bampak Building Pty Ltd Enterprise Agreement 2021 ("the Agreement") on the ground that there are not any employees covered or likely to be covered by the Agreement.

[2] The Applicant filed a declaration in support of the application, in which the declarant stated:

Bampak only has 1 employee covered by this Agreement, who is also a family member and is on salary. Bampak has had a dramatic downturn and does not have any upcoming contracts. The Director is retiring so there is a possibility to ceasing trading. We understand that Bampak would fall under the Building and Construction Award.

[3] The Commission issued directions on 1 September requiring the Applicant to provide those directions, along with the application and supporting declaration, to the Applicant's employee. The directions invited the employee to make submissions if he wished to do so. The Applicant has provided evidence of compliance with those directions and has provided a statutory declaration of the director stating that his son supports termination of the Agreement. It has also provided an email from the employee expressing support for the termination.

[4] The Applicant, as the employer covered by the Agreement, has standing to make this application under section 225 of the Fair Work Act. The Agreement had a nominal expiry date of 30 June 2025, and this application was made on 13 August 2025. So, it was made after the nominal expiry date. The Agreement covers only one employee, the son of the Applicant's director. The Commission is satisfied that the continued operation of the Agreement would be unfair for the employee covered by the Agreement, noting the employer is a small family business facing closure.

[5] The employer, which is the Applicant, supports termination of the Agreement, as does the employee. There are no employee organisations covered by the Agreement. There is no bargaining on foot for any replacement enterprise agreement. There are no other relevant matters.

[6] The Commission is satisfied that it is appropriate in all the circumstances to terminate the Agreement. Having regard to the foregoing and sections 225 and 226 of the Fair Work Act, the Commission must terminate the Agreement.

[7] The Agreement is terminated. An order giving effect to this decision is being issued separately.

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