Canon Australia Pty Ltd

[2014] FWCA 6892

[2014] FWCA 6892

FAIR WORK COMMISSION

DECISION

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

Canon Australia Pty Ltd
(AG2014/8896)

OCÉ-AUSTRALIA LIMITED TECHNICAL SERVICES ENTERPRISE AGREEMENT 2012

Business equipment industry
COMMISSIONER BULL	SYDNEY, 7 OCTOBER 2014

Application for termination of the Océ -Australia Limited Technical Service Enterprise Agreement 2012.

[1] An application has been made for the termination of an enterprise agreement known as the Océ-Australia Limited Technical Service Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.222 of the Fair Work Act 2009 (the Act) by Canon Australia Pty Ltd (the Applicant).

[2] Section 220 of the Act provides that an employer covered by an enterprise agreement may request the employees covered by the agreement to approve a proposed termination of the agreement by voting for it.

[3] The Agreement in question was approved by the Fair Work Commission on 31 October 2012. The Applicant has advised that on 1 November 2012, after the Agreement was approved but before the Agreement began to operate, all of the employees became employed by the Applicant as ‘transferring employees’ and in circumstances constituted a ‘transfer of business’ as per s.311 of the Act, the Agreement transferred to the current employer, Canon Australia Pty Ltd.

[4] In the event of the termination of the Agreement, the employees will be covered by the Canon Australia Pty Ltd (Technical Consultants) Certified Agreement 2012 1, which has a nominal expiry date of 30 September 2015. The Australian Municipal, Administrative, Clerical and Services Union are covered by both agreements.

[5] Pursuant to s.313 of the Act, the Applicant is covered by the Agreement and thus has standing to bring the application to terminate the Agreement.

[6] A statutory declaration accompanied the application by Mr Kevin McCarthy, General Manager Finance & Accounting for Canon Australia Pty Ltd who is also the Company Secretary of Océ-Australia Limited. Mr McCarthy stated that Océ-Australia Limited does not currently employ any employees, and has not employed any employees who would be covered by the Agreement since 1 November 2012 and on behalf of Océ-Australia Limited consents to the termination of the Agreement which is sought by Canon Australia Pty Ltd.

[7] The termination was agreed to by the majority of the employees on 25 August 2014 as is required by s.221(1) of the Act. This application was lodged within 14 days after the termination was agreed to pursuant to s.222(3)(a) of the Act.

[8] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.223 of the Act I must approve the termination of the Agreement.

[9] In accordance with s.224 of the Act, the termination of the Agreement will operate from 7 October 2014.

COMMISSIONER

 1   AE896824

Printed by authority of the Commonwealth Government Printer

<Price code A, AE897963  PR556100>