Decmil Engineering Pty Ltd

[2014] FWCA 8632

[2014] FWCA 8632

FAIR WORK COMMISSION

DECISION

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

Decmil Engineering Pty Ltd
(AG2014/8105)

VDM CONSTRUCTION (EASTERN OPERATIONS) ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 1 DECEMBER 2014

Application for termination of the VDM Construction (Eastern Operations) Enterprise Agreement 2012.

[1] Decmil Engineering Pty Ltd has applied to terminate the VDM Construction (Eastern Operations) Enterprise Agreement 2012 (the Agreement). The Agreement had not passed its nominal expiry date.

[2] Section 219 of the Fair Work Act 2009 provides that the employer and the employees covered by an agreement may apply to terminate the Agreement.

[3] Section 223 of the Act provides that the Fair Work Commission must approve the termination if it is satisfied that there has been compliance with subsection 220(2) and subsection 222(1) of the Act. Further the Commission must be satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination. Further the Commission must consider that termination is appropriate having regard to the views of any employee organisation covered by the Agreement.

[4] I issued directions requiring Decmil to provide a copy of the application and the notice of listing to all the employees. Further Decmil was required to advise the employees that they were entitled to appear before the Commission to support or oppose the application.

[5] Decmil filed a statutory declaration attesting to its compliance with the direction. None of the employees attended the hearing.

[6] Decmil also provided a statutory declaration attesting to its compliance with s.220. Further Decmil has complied with subsection 222(1).

[7] Decmil advised that a replacement agreement was before the Commission for approval. Further it explained that the two employees currently covered by the Agreement, terms and conditions of employment will not be altered as a result of the termination of the Agreement. The two employees voted to approve the termination. There are no grounds on which I could find that the employees did not agree to the termination.

[8] In all the circumstances the application for approval of the termination of the Agreement is approved. The Agreement will terminate on 2 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE896692  PR558444>