Bon Electrics Pty Ltd

[2024] FWCA 3332

[2024] FWCA 3332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Bon Electrics Pty Ltd

(AG2024/3336)

BON ELECTRICS PTY LTD T/A BON ELECTRICS ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
COMMISSIONER SCHNEIDER	PERTH, 20 SEPTEMBER 2024

Application for termination of the Bon Electrics Pty Ltd t/a Bon Electrics Enterprise Agreement 2019-2023

1. On 29 August 2024, Bon Electrics Pty Ltd (the Employer) made an application pursuant to section 222 of the Fair Work Act 2009 (the Act) to terminate the Bon Electrics Pty Ltd t/a Bon Electrics Enterprise Agreement 2019-2023 (the Agreement).

1. Section 223 of the Act sets out the conditions which, if established, require the Commission to terminate the Agreement pursuant to section 222 of the Act.

1. Section 223 provides as follows:

“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.”

1. The application was supported by a Form 24A statutory declaration made by Mr Benjamin Bonomi (Mr Bonomi), Managing Director of the Employer.

1. Mr Bonomi declared that:

·   the employees covered by the Agreement were consulted about the proposed termination and notified of the date on which to vote;

·   the employees voted on the termination of the Agreement on the previously advised date;

·   the vote took place by way of ballot;

·   there are a total of five employees covered by the Agreement;

·   all five employees cast a valid voted; and

·   all employees covered by the Agreement voted to approve the termination.

1. Alongside the application and declaration, the Employer provided a copy of:

·   the notification of the intention to terminate the Agreement provided to the employees;

·   the information sheet regarding the termination provided to employees (which contains notes detailing consultation with individual employees);

·   the notification of the date on which the vote by ballot would take place; and

·   each ballot cast.

1. The Agreement expired on 19 May 2024. The termination of the Agreement was agreed to by all employees covered on 28 August 2024. All employees covered by the Agreement were issued with individual contracts of employment prior the date of the vote.

1. For the purpose of section 223(d) of the Act, I note that there are no employee organisations covered by the Agreement whose views are required to be taken into account.

1. In consideration of the Agreement before me, including the statutory declaration, I am satisfied that the requirements of section 223 of the Act have been met.

1. In accordance with section 223, I must terminate the Agreement.

1. The application to terminate the Agreement is approved.

1. The employer has not nominated a preferred date for the termination of the Agreement.

1. Having regard to section 227 of the Act, the termination will operate from the day of this decision, being 20 September 2024.

COMMISSIONER

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