Eascom Electrical Shepparton Pty Ltd

[2020] FWCA 1018

[2020] FWCA 1018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Eascom Electrical Shepparton Pty Ltd
(AG2020/333)

EASCOM ELECTRICAL SHEPPARTON PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021
(ODN AG2018/5381) [AE500481]

Electrical contracting industry
COMMISSIONER BISSETT	MELBOURNE, 25 FEBRUARY 2020

Application for termination of the Eascom Electrical Shepparton Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] Eascom Electrical Shepparton Pty Ltd (employer) has applied to terminate the Eascom Electrical Shepparton Pty Ltd and ETU Enterprise Agreement 2018-2021 1(Agreement) pursuant to s.222 of the Fair Work Act 2009 (FW Act).

[2] The application was made following a vote of employees covered by the Agreement that agreed to the termination.

[3] Section 223 of the FW Act states:

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.

[4] I am satisfied on the basis of the material filed, including a statutory declaration of the General Manager of the employer, that the employer has complied with the requirements of s.220(2) of the FW Act.

[5] I am satisfied that the termination was agreed to in accordance with s.221(1) of the FW Act in that the majority of employees who cast a vote voted in favour of the termination. Further, I am satisfied that there are no grounds for believing the employees have not agreed to the termination.

[6] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an employee organisation covered by the Agreement, supports the termination of the Agreement.

[7] In these circumstances I am satisfied that the Agreement should be terminated. An order 2 to this effect will be issued separately to this decision. In accordance with s.224 of the FW Act the termination will operate from 25 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE500481 PR717018 >

 1   AE500481.

 2   PR717019.