DECISION

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

Dart Holdings Pty Ltd T/A A Dart & Co
(AG2015/1231)

DART HOLDINGS PTY LTD BP BULWER ISLAND REFINERY WORKS ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 JUNE 2015

Application for termination of the Dart Holdings Pty Ltd BP Bulwer Island Refinery Works Enterprise Agreement 2013-2016.

[1] On 25 May 2015 Dart Holdings Pty Ltd T/A A Dart & Co filed an application pursuant to s.222 of the Fair Work Act 2009 (“the Act”)to terminate the Dart Holdings Pty Ltd BP Bulwer Island Refinery Works Enterprise Agreement 2013-2016 (“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 employer that declared, among other things, that the employees were notified of the time and place of the vote and that a ballot of employees supported the termination. Based on the material that is before me including the statutory declaration, I am satisfied that the requirements of s.223 of the Act have been met.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dart Holdings Pty Ltd, trading as A Dart & Co, sought the termination of the BP Bulwer Island Refinery Works Enterprise Agreement 2013-2016. The application was made under section 236 of the Fair Work Act 2009. The dispute arose from an impasse in the negotiation process between Dart Holdings and the Australian Manufacturing Workers Union, which represents the employees. The crux of the matter was whether the application met the statutory requirements for termination of the enterprise agreement and whether the application was in the public interest.

The primary legal issues before the court were whether the application complied with the procedural prerequisites outlined in the Fair Work Act and whether the application satisfied the criteria for termination under section 236 of the Act. The court had to determine whether the applicant had followed the necessary steps, including the provision of a Notice of Application to the Fair Work Commission and the publication of the application in accordance with the Act. Additionally, the court considered whether the application was made for a proper purpose and whether it was in the public interest.

The court found that Dart Holdings had satisfied the procedural requirements for the application. It determined that the applicant had complied with the necessary steps, including the service of the Notice of Application and the publication of the application. The court also concluded that the application was made for a proper purpose and was in the public interest, considering the economic implications and the need to resolve the impasse. Consequently, the court granted the application and terminated the enterprise agreement, effective from the date of the order.

Dart Holdings Pty Ltd T/A A Dart & Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established