Apache Energy Limited

[2013] FWCA 3043

[2013] FWCA 3043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Apache Energy Limited
(AG2013/1097)

APACHE ENERGY LTD DEVIL CREEK OPERATIONS ENTERPRISE AGREEMENT 2010

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 15 MAY 2013

Application for termination of the Apache Energy Ltd Devil Creek Operations Enterprise Agreement 2010

[1] On 6 May 2013, Apache Energy Limited (Employer) made application for termination of the Apache Energy Ltd Devil Creek Operations Enterprise Agreement 2010 (Agreement).

[2] The application is made pursuant to s.222 of the Fair Work Act 2009 (FW Act).

[3] Pursuant to s.223 of the FW Act, the Fair Work Commission (Commission) must approve the termination of an enterprise agreement 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.

[4] I am satisfied, based upon a statutory declaration provided by Mr John Barry Hill, Senior Human Resources Advisor for the Employer that the provisions of s.223 of the FW Act have been met.

[5] Consequently, I order that the Agreement be terminated from 21 May 2013 in accordance with s.224 of the FW Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE882040  PR536914>