Alsafe Premix Concrete Pty Ltd

[2017] FWCA 6354

[2017] FWCA 6354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Alsafe Premix Concrete Pty Ltd
(AG2017/5201)

ALSAFE PREMIX CONCRETE PTY LTD ENTERPRISE AGREEMENT 2015

Cement and concrete products
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 1 DECEMBER 2017

Application for termination of the Alsafe Premix Concrete Pty Ltd Enterprise Agreement 2015.

[1] Alsafe Premix Concrete Pty Ltd has applied to terminate the Alsafe Premix Concrete Pty Ltd Enterprise Agreement 2015 (the Agreement). The Agreement has not passed its nominal expiry date.

[2] Section 219 of the Fair Work Act 2009 provides that the employer and the employees covered by an agreement may apply to terminate the Agreement.

[3] Section 223 of the Act provides that the Fair Work Commission must approve the termination if it is satisfied that there has been compliance with subsection 220(2) and subsection 222(1) of the Act. Further, the Commission must be satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination. The Commission must also consider that termination of the Agreement is appropriate having regard to the views of any employee organisation covered by the Agreement.

[4] Alsafe filed a statutory declaration attesting to its compliance with s.220 of the Act. Further, Alsafe has complied with subsection 222(1).

[5] Alsafe advised that thirteen employees were currently covered by the Agreement and ten employees voted to approve the termination.

[6] As I am satisfied that all the requirements have been met, the application for approval of the termination of the Agreement is granted. The Agreement will terminate on 1 December 2017.

DEPUTY PRESIDENT

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