Brownes Foods Operations Pty Ltd

[2015] FWCA 4629

[2015] FWCA 4629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Brownes Foods Operations Pty Ltd
(AG2015/3853)

BROWNES FOODS OPERATIONS PTY LTD SECURITY OFFICERS AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 14 SEPTEMBER 2015

Application for termination of the Brownes Foods Operations Pty Ltd Security Officers Agreement 2014.

[1] On 6 July 2015 Brownes Foods Operations Pty Ltd (the Applicant) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act)to terminate the Brownes Foods Operations Pty Ltd Security Officers 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] The application was supported by a statutory declaration from the Human Resources Director of the Applicant that declared, among other things, that the team covered by this agreement consisted of three employees, two of whom had been made redundant and the third who was moved to an alternative position. This remaining employee agreed to the termination of the agreement when they agreed to take the new position.

[4] Based on the material that is before the Commission including the statutory declaration provided by the Applicant, the Commission is satisfied that the requirements of s.223 of the Act have been met.

[5] In accordance with s.224 of the Act, the termination will come into effect today.

COMMISSIONER

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