Broadspectrum Services Pty Ltd T/A Broadspectrum Services

[2016] FWCA 6266

[2016] FWCA 6266

FAIR WORK COMMISSION

DECISION

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

Broadspectrum Services Pty Ltd T/A Broadspectrum Services
(AG2016/4295)

BROADSPECTRUM AUSTRALIA OLYMPIC DAM ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 SEPTEMBER 2016

Application for termination of the Broadspectrum Australia Olympic Dam Enterprise Agreement 2014.

[1] On 18 August 2016 Broadspectrum Services Pty Ltd T/A Broadspectrum Services (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Broadspectrum Australia Olympic Dam Enterprise Agreement 2014 (the Agreement).

[2] 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:

“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.”

[3] Directions were issued on 19 August 2016, directing the Employer as follows:

“[3] The FAIR WORK COMMISSION DIRECTS Broadspectrum Services Pty Ltd T/A Broadspectrum Services (Broadspectrum) to provide the Form F24A Statutory Declaration provided to the Commission by Broadspectrum with the application, together with these directions, to all employees whose terms of employment are regulated by this agreement, prior to close of business on Wednesday 24 August 2016.”

[4] Confirmation of compliance with this direction was provided on 23 August 2016.

[5] The directions further advised:

“[4] Any party wishing to be heard with respect to this application is invited to contact my office on or before Friday 2 September 2016 with advice to this effect. In the event of such contact being made, the application will be listed for hearing shortly after that date. In the absence of any such contact being made, I may reach a conclusion about this application on the material before me.”

[6] Based on the material that is before me, including the Statutory Declaration sworn by Courtney Jon Dixon of the Employer, I am satisfied that the requirements of s.223 of the Act have been met.

[7] In accordance with s.224 of the Act, the termination will come into effect on the date of this decision.

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