BNP Paribas Fund Services Australasia Pty Ltd T/A BNP Paribas Securities Services

[2021] FWCA 7044

[2021] FWCA 7044

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument

BNP Paribas Fund Services Australasia Pty Ltd T/A BNP Paribas Securities Services
(AG2021/8212)

BNP PARIBAS FUND SERVICES AUSTRALASIA PTY LTD COLLECTIVE AGREEMENT 2007

Banking finance and insurance industry
DEPUTY PRESIDENT CROSS	SYDNEY, 15 DECEMBER 2021

Application for termination of the BNP Paribas Fund Services Australasia Pty Ltd Collective Agreement 2007

[1] This decision arises from an application by BNP Paribas Fund Services Australasia Pty Ltd made pursuant to Schedule 3, item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TP Act). The application seeks to terminate the BNP Paribas Fund Services Australasia Pty Ltd Collective Agreement 2007 (the Agreement).

[2] Schedule 3, Item 15 of the TP Act states:

15. Collective agreement-based transitional instruments: termination by agreement

Subdivision C of Division 7 of Part 2-4 of the FW Act (which deals with termination of enterprise agreements by employers and employees) applies in relation to a collective agreement-based transitional instrument If a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[3] Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the FW Act), being ss.219 – 224, sets out the specific requirements that must be met in relation to terminating an enterprise agreement by employers and employees.

[4] Mr David McKee provided a declaration setting out the background to the application, the process undertaken by the employer when requesting that the agreement be terminated, and attesting that the employees would be better off under the modern award.

[5] On 23 November 2021 my Chambers wrote to the Applicant requesting that they forward correspondence from Chambers to the employees covered by the subject agreement and request that they ascertain whether any of those employees sought to make any submissions in the matter. This request was complied with, and on 1 December 2021, the Applicant confirmed that the employees subject to the Agreement were provided with correspondence from Chambers, and that no employees wished to make any submissions.

[6] Based on the material provided to the Commission, I am satisfied that the employer has so filled the requirements of s.220 of the FW Act. Those requirements include that the majority of employees balloted approved the termination as required by s.221(1) of the FW Act, and that there are no other reasonable grounds for believing that the employees had not agreed to the termination and that it is appropriate to terminate the Agreement.

[7] I approve the termination of the Agreement, with effect from 16 December 2021.

DEPUTY PRESIDENT

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