Climate Technologies Pty Ltd CLIMATE TECHNOLOGIES PTY LTD STAFF EMPLOYEE COLLECTIVE AGREEMENT 2009

[2016] FWC 8139

[2016] FWC 8139

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Climate Technologies Pty Ltd

CLIMATE TECHNOLOGIES PTY LTD STAFF EMPLOYEE COLLECTIVE AGREEMENT 2009

(AG2016/6635)

COMMISSIONER PLATT ADELAIDE, 11 NOVEMBER 2016

Application for termination of the Climate Technologies Pty Ltd Staff Employee Collective Agreement.

[1] This decision concerns an application by Climate Technologies Pty Ltd pursuant to Item 15 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) and as a consequence, s.225 of the Fair Work Act 2009 (the Act). The effect of the Transitional Act is that the application is dealt with as if it were made under s.219 of the Act.

[2] The application seeks to terminate the Climate Technologies Pty Ltd Staff Employee Collective Agreement 2009 (the Agreement). The Agreement is a collective agreement-based transitional instrument with a nominal expiry date of 29 June 2013.

[3] The Agreement covers 48 employees.

[4] On 26 September 2016, Climate wrote to all impacted employees advising of their desire to terminate the agreement and its intention to conduct a ballot. Employers were advised that the termination of the agreement would not change employment conditions so as to disadvantage any existing employee. Climate’s communication stated that “where the Agreement provides for greater conditions than the Award, we will preserve those conditions for current employees.”

[5] In a ballot conducted on 24 October 2015, the termination of the Agreement was supported by 91.6% of the employees who cast a vote. There are no employee organisations covered by the Agreement. This application was made on 26 October 2016

[6] Climate has provided a comparison of the Agreement conditions compared to the relevant modern awards. This comparison indicates that the termination of the Agreement will not have a detrimental impact on current employees and the undertaking will address any latent deficiency not identified in the comparison. I note however, that the comparison indicates that the employee’s salaries are inclusive of overtime both under the Agreement and the Award. Climate is reminded that in the event that the overtime worked is such that the salary provides for a lower payment than would be due under the relevant industrial instrument, this arrangement may result in an underpayment of wages.

[7] I am advised that the granting of this application will increase employment prospects at the employer.

[8] I have considered and am satisfied that each of the requirements contained in s.222 and s.223 of the Act have been met. I consider that it is appropriate to terminate the Agreement.

[9] The termination will come into effect from 11 November 2016.

COMMISSIONER

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