Berkeley Challenge Pty Ltd T/A Berkeley Challenge Pty Ltd
[2010] FWA 8132
•22 OCTOBER 2010
[2010] FWA 8132 |
|
DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument
Berkeley Challenge Pty Ltd T/A Berkeley Challenge Pty Ltd
(AG2010/13695)
ARRIX COLLECTIVE AGREEMENT 2006 Cleaning services | |
COMMISSIONER WILLIAMS | PERTH, 22 OCTOBER 2010 |
Application to terminate the Arrix Collective Agreement 2006
[1] This application was made by Berkley Challenge Pty Ltd (the Applicant) under Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (the Act) as it applies under Item 15 of Schedule 3, of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) for approval of the termination of the Arrix Collective Agreement 2006 [AC301829]. This agreement is a collective agreement-based transitional instrument that was made under the Workplace Relations Act 2006.
[2] The relevant provision of the Act is Section 223 below.
[3] 223 When FWA 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, FWA must approve the termination if:
(a) FWA 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) FWA 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) FWA is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and
(d) FWA 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 Applicant has provided a statutory declaration from Mr B Walther the Applicant’s General Manager Cleaning that addresses the matters the Tribunal must be satisfied of which are set out in s.223.
[5] The named employer party to the Arrix Collective Agreement 2006 [AC301829] is Mango Hill Pty Ltd. Mr Walthers states that in June 2009 there was a transmission of business of Mango Hill Pty Ltd to Spotless Management Services Pty Ltd which is a subsidiary of Berkley Challenge Pty Ltd. Mango Hill Pty Ltd operated under the trading name of “Arrix”. Consequently the Arrix Collective Agreement 2006 [AC301829] was transmitted to Berkley Challenge Pty Ltd.
[6] I therefore accept that Berkley Challenge Pty Ltd is an employer covered by the Arrix Collective Agreement 2006 [AC301829] and is able to make this application under s. 222.
[7] Considering the information provided by Mr Walthers in his statutory declaration and the submissions of the Applicant I am satisfied that the Applicant is covered by the Arrix Collective Agreement 2006 [AC301829] and has complied with subsection 220(2) and that the termination of the Arrix Collective Agreement 2006 [AC301829] was agreed to by the employees of the Applicant covered by the agreement in accordance with subsection 221(1). There is no information before Fair Work Australia which indicates that there are reasonable grounds for believing that the employees have not agreed to the termination of the Arrix Collective Agreement 2006 [AC301829].
[8] There are no employee organisations covered by the Arrix Collective Agreement 2006 [AC301829].
[9] Having considered the requirements of s223 of the Act, the termination of the Arrix Collective Agreement 2006 [AC301829] is approved and operates from 15 October 2010.
COMMISSIONER
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<Price code A, AC301829 PR502943>
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