Brown Engineering & Construction Pty Limited T/A Brown Steel
[2010] FWA 4981
•7 JULY 2010
[2010] FWA 4981 |
|
DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument
Brown Engineering & Construction Pty Limited T/A Brown Steel
(AG2010/10999)
Manufacturing and associated industries | |
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 7 JULY 2010 |
Application to terminate the Brown Engineering And Construction Pty Ltd Employee Collective Agreement 2006.
[1] This decision arises from an application by Mr Patrick Brown of Brown Engineering & Construction Pty Limited T/A Brown Steel made pursuant to Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to terminate the Brown Engineering And Construction Pty Ltd Employee Collective Agreement 2006 (“the Agreement”).
[2] Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 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 as 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 (“the FW Act”) sets out the specific requirements that must be met in relation to terminating an enterprise agreement by employers and employees.
[4] Mr Brown, Managing Director, provided a statutory declaration, along with various supporting annexures, attesting to the process undertaken by the Employer when requesting that the Agreement be terminated including the explanation provided by the Employer to the employees and details of the ballot.
[5] Based on the material before me, I am satisfied that the Employer fulfilled the requirements of s.220 of the FW Act, that a majority of employees balloted approved the termination as required by s.221(1) of the FW Act, that there are no other reasonable grounds for believing that the employees have not agreed to the termination and that it is appropriate to terminate the Agreement.
[6] As a consequence of my findings, I approve the termination of the Agreement.
[7] The termination is effective as of the date of this decision.
SENIOR DEPUTY PRESIDENT
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