AGC Industries Pty Ltd

[2016] FWCA 2456

[2016] FWCA 2456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

AGC Industries Pty Ltd
(AG2016/2586)

AGC INDUSTRIES PTY LTD (WOODSIDE) ONSHORE AND OFFSHORE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 18 APRIL 2016

Application for termination of the AGC Industries Pty Ltd (Woodside) Onshore and Offshore Agreement 2013.

[1] On 21 March 2016 AGC Industries Pty Ltd (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act)to terminate the AGC Industries Pty Ltd (Woodside) Onshore and Offshore Agreement 2013 (the Agreement).

[2] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

[3] The Australian Workers’ Union (AWU) is covered by the Agreement and raised number of concerns regarding the process leading up to the employee vote, the timeframes involved and comments the Applicant made to employees before the vote.

[4] The Employer has provided a response to these concerns and an amended F24A-Statutory Declaration.

[5] Having considered the legitimate concerns the AWU identified and the Employer’s response to these I am satisfied that the requirements of s.223 of the Act have been met.

[6] Accordingly, the AGC Industries Pty Ltd (Woodside) Onshore and Offshore Agreement 2013 is terminated and pursuant to s.224 of the Act, the termination is to take effect on and from the date of this decision.

COMMISSIONER

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