Chanel (Australia) Pty Limited T/A Chanel
[2022] FWCA 1852
•7 JUNE 2022
| [2022] FWCA 1852 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument
Chanel (Australia) Pty Limited T/A Chanel
(AG2022/1778)
Chanel Australia Employee Collective Warehouse Agreement 2009-2012
| Retail industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 7 JUNE 2022 |
Application for termination of the Chanel Australia Employee Collective Warehouse Agreement 2009 to 2012
On 6 June 2022, Chanel (Australia) Pty Limited (Applicant or Employer) made an application (Application), pursuant to Item 15 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Act), for approval of the termination of collective agreement-based transitional instrument, known as the Chanel Australia Employee Collective Warehouse Agreement 2009 to 2012 (the Agreement).
Item 15 of Schedule 3 of the Act reads:
“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.”
Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (FW Act), being ss.219 – 224, sets out the specific requirements that must be met in relation to terminating an enterprise agreement by employers and employees. Section 223 of the FW Act provides that the Fair Work Commission must approve a termination of an enterprise agreement when:
“(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.”
I note that s.221(1) of the FW Act reads as follows:
“When termination of an enterprise agreement is agreed to
(1)If the employees of an employer, or each employer, covered by a single-enterprise agreement have been asked to approve a proposed termination of the agreement under subsection 220(1), the termination is agreed to when a majority of the employees who cast a valid vote approve the termination.”
The Application was accompanied by a Form F24A - declaration in support of termination of an enterprise agreement (Declaration) signed by Ms Mandy Halkiadakis, General Manager Organisation Development & Human Resources of the Employer. In the Declaration, Ms Halkiadakis outlined the steps taken by the Employer to consult with employees regarding the potential termination of the Agreement, and provided the employees with a reasonable opportunity to decide whether they wanted to approve the termination of the Agreement.[1] The Employer requested that the employees covered by the Agreement participate in a vote regarding the proposed termination of the Agreement. Pursuant to s.220(2)(a) of the FW Act, Ms Halkiadakis explained the steps taken to notify all employees covered by the Agreement of the time and place at which the vote was to occur, and the voting method to be used. The vote occurred on 24 May 2022 and on 25 May 2022 the termination of the Agreement was agreed to by a majority vote of 95%, noting that 5% did not cast a valid vote.
I am satisfied that each of the requirements contained in Subdivision C of Division 7 of Part 2-4 of the FW Act have been met. Accordingly, I approve the termination of the Agreement with identification number AC326981.
The termination operates from the date of this decision.
DEPUTY PRESIDENT
[1] Pursuant to s.220(2)(b) of the FW Act.
Printed by authority of the Commonwealth Government Printer
<AC326981 PR742370>
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