Blowflex Mouldings Pty Ltd

[2016] FWCA 2428

[2016] FWCA 2428

DECISION

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

Blowflex Mouldings Pty Ltd

(AG2016/2765)

BLOWFLEX MOULDINGS PTY LTD & AUSTRALIAN WORKERS

UNION ENTERPRISE AGREEMENT 2013-2017

Manufacturing and associated industries

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 20 APRIL 2016

Application for termination of the Blowflex Mouldings Pty Ltd & Australian Workers Union

Enterprise Agreement 2013-2017.

[1]        On 11 April 2016 Blowflex Mouldings Pty Ltd (Applicant) lodged an application

pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Blowflex Mouldings

Pty Ltd & Australian Workers Union Enterprise Agreement 2013-2017 (Agreement).

[2]        The Agreement is an enterprise agreement and its nominal expiry date is 14 June

2017. 

[3]        The relevant provisions of the Act are as follows:

“222 Application for the FWC’s approval of a termination of an enterprise agreement

Application for approval

(1) If a termination of an enterprise agreement has been agreed to, a person covered by the

agreement must apply to the FWC for approval of the termination.

Material to accompany the application

(2) The application must be accompanied by any declarations that are required by the

procedural rules to accompany the application.

When the application must be made

(3) The application must be made:

(a) within 14 days after the termination is agreed to; or

(b) if in all the circumstances the FWC considers it fair to extend that period—within

such further period as the FWC allows.

[2016] FWCA 2428

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.

224 When termination comes into operation

If a termination of an enterprise agreement is approved under section 223, the termination

operates from the day specified in the decision to approve the termination.”

[4]        The Australian Workers’ Union (AWU) is an employee organisation covered by the

Agreement. Correspondence was received from the AWU on 13 April 2016 advising that

there was no opposition to the termination of the Agreement.

[5]        Based on the material contained in the Applicant’s declaration filed with the

application, I am satisfied that the Applicant complied with s.220(2) of the Act in relation to

termination of the Agreement. Taking into account all of the circumstances including those in

ss.222 and 223, I consider that it is appropriate to terminate the Agreement. I am satisfied that

it is appropriate to approve the termination of the Agreement, and I terminate the Agreement.

[6]        The termination will operate from Tuesday, 26 April 2016.

[7]        An order giving effect to this decision is separately issued in PR579168.

DEPUTY PRESIDENT

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