Construction Industry Training Centre Incorporated

[2019] FWCA 8330

[2019] FWCA 8330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Construction Industry Training Centre Incorporated
(AG2019/4307)

CONSTRUCTION INDUSTRY TRAINING CENTRE INCORPORATED COLLECTIVE AGREEMENT 2018

Educational services
COMMISSIONER PLATT	ADELAIDE, 9 DECEMBER 2019

Application for termination of the Construction Industry Training Centre Incorporated Collective Agreement 2018.

[1] On 11 November 2019, Construction Industry Training Centre Incorporated (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Construction Industry Training Centre Incorporated Collective Agreement 2018 (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] Directions were issued on 22 November 2019, directing the Employer as follows:

“The Fair Work Commission directs Construction Industry Training Centre Incorporated to provide the Form F24A Statutory Declaration provided to the Fair Work Commission together with the application and these directions, to all employees and employee organisations covered by the Agreement, prior to 4.00pm 29 November 2019.”

[4] Confirmation of compliance with this direction was provided on 25 November 2019.

[5] The Directions further advised:

“Any party wishing to be heard with respect to this application is required to contact my Chambers on or before 4.00pm 6 December 2019. In the event of such contact being made, the application will be listed for hearing shortly after that date. In the absence of any contact being made, I will determine the application on the material before me.”

[6] On 22 November 2019, the Commission approved 1 the Construction Industry Training Centre Incorporated Collective Agreement 2019 which covers all persons who would be otherwise bound by the Agreement.

[7] Based on the material that is before me, including the Statutory Declaration of Simon Last of the Employer, I am satisfied that the requirements of s.223 of the Act have been met.

[8] In accordance with s.224 of the Act, the termination of the Agreement will come into effect on the date of this decision.

COMMISSIONER

 1   [2019] FWCA 7977

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