ADANT Services Group Pty Ltd T/A Australian Wind and Solar

[2020] FWCA 1380

[2020] FWCA 1380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

ADANT Services Group Pty Ltd T/A Australian Wind and Solar
(AG2019/4224)

ADANT SERVICES GROUP PTY LTD (AUSTRALIAN WIND AND SOLAR) AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 MARCH 2020

Application for termination of the ADANT Services Group Pty Ltd (Australian Wind and Solar) and ETU Enterprise Agreement 2018-2021.

[1] ADANT Services Group Pty Ltd T/A Australian Wind and Solar (Applicant) has applied to terminate the ADANT Services Group Pty Ltd (Australian Wind and Solar) and ETU Enterprise Agreement 2018-2021 1 (Agreement). The application has been made pursuant to s.222 of the Fair Work Act 2009 (Act).

[2] The employees covered by the Agreement voted to approve its termination. 2

[3] If an application for approval of the termination of an enterprise agreement is made under s.222 of the Act, the Commission must approve the termination if the matters at s.223(a)-(d) are satisfied.

[4] Having regard to the content of the Statutory Declaration filed with the application, 3 and the supplementary information filed by the Applicant pursuant to Directions of the Commission,4 I am satisfied that:

(a) the Applicant has complied with its obligations under s.220(2) of the Act (which deals with giving employees a reasonable opportunity to decide);

(b) the termination was agreed to in accordance with s.221(1) of the Act. In this case, each employee covered by the Agreement voted in favour of the termination; and

(c) there are no other reasonable grounds for believing that the employees have not agreed to the termination.

[5] The views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) were sought, being an employee organisation covered by the Agreement. On 10 February 2020, the CEPU advised the Commission that it consents to the termination of the Agreement.

[6] In these circumstances, I consider that it is appropriate to approve the termination of the Agreement. The termination will operate from 13 March 2020.

DEPUTY PRESIDENT

 1   [2019] FWCA 269; PR703914

 2   Form F24A Statutory Declaration of Adam Falzon dated 3 November 2019 at [2.5]

 3   Ibid at [2.1]-[2.2]

 4   25 November 2019

Printed by authority of the Commonwealth Government Printer

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