Avopiling Management (Qld) Pty Ltd

[2018] FWCA 6072

[2018] FWCA 6072

FAIR WORK COMMISSION

DECISION

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

Avopiling Management (Qld) Pty Ltd
(AG2018/5042)

AVOPILING MANAGEMENT (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 OCTOBER 2018

Application for termination of the Avopiling Management (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015-2019

[1] On 7 September 2018 Avopiling Management (Qld) Pty Ltd (the Employer) made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Avopiling Management (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (the Agreement).

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) is an employee organisation covered by the Agreement. The CFMMEU supports the application.

[3] 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. Section 223 provides as follows:

“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.

[4] The application was supported by a statutory declaration made by Bas G Baskaran, Group General Manager, which declared, amongst other things, that the employees covered by the Agreement were notified of the time and place of the vote and that of the votes cast, a majority of the employees approved the termination of the Agreement.

[5] In consideration of the material before me, including the statutory declaration, I am satisfied that the requirements of s.223 of the Act have been met. In accordance with s.223, I must terminate the Agreement. The application to terminate the Agreement is approved.

[6] To ensure the employees remain covered by an enterprise agreement, the termination will take effect on 22 October 2018. This is the date a new agreement titled, Avopiling Management (QLD) Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 will become operative pursuant to my decision in [2018] FWCA 6071.

COMMISSIONER

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