Downer EDI Engineering Power Pty Ltd

[2016] FWCA 1368

[2016] FWCA 1368

DECISION

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure

(AG2015/6985)

DOWNER INFRASTRUCTURE CENTRAL QUEENSLAND REGIONAL

AREA ENTERPRISE AGREEMENT, 2014 - 2017

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT RICHARDS BRISBANE, 2 MARCH 2016

Application for termination of the Downer Infrastructure Central Queensland Regional Area

Enterprise Agreement 2014-2017.

[1]        On 14 December 2015 Downer EDI Engineering Power Pty Ltd T/A Downer

Infrastructure filed an application pursuant to s.222 of the Fair Work Act 2009 (“the Act”) to

terminate the Downer Infrastructure Central Queensland Regional Area Enterprise Agreement

2014-2017 (“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

[2016] FWCA 1368

(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

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