Glenco Electrical Services Pty Ltd T/A Glenco

[2020] FWCA 6274

[2020] FWCA 6274

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument

Glenco Electrical Services Pty Ltd T/A Glenco
(AG2020/3386)

GLENCO ELECTRICAL SERVICES PTY LIMITED ELECTRICAL COLLECTIVE AGREEMENT 2009

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 23 NOVEMBER 2020

Application for termination of the Glenco Electrical Services Pty Limited Electrical Collective Agreement 2009.

[1] This decision arises from an application by Glenco Electrical Services Pty Ltd made under Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. The application seeks to terminate the Glenco Electrical Services Pty Limited Electrical Collective Agreement 2009 (The Agreement).

[2] Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 states:

15. Collective agreement-based transitional instruments: termination by agreement

Subdivision C of Division 7 of Part 2-4 of the FW Act (which deals with termination of enterprise agreements by employers and employees) applies in relation to a collective agreement-based transitional instrument if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[3] Subdivision C of division 7 of Part 2-4 of the Fair Work Act 2009 (the Act) (ss 219 – 224) sets out the specific requirements that must be met in relation to terminating an enterprise agreement by employers and employees.

[4] Mr Glenn Rosen – Director of Glenco Electrical Services Pty Ltd provided a statutory declaration setting out the background to the application, the process undertaken by the employer when requesting that the agreement be terminated and attesting that the employees would be better off under the modern award.

[5] Based on the material provided to the Commission, including further written confirmation from all 6 voting employees that they support the termination of the Agreement, I am satisfied that the employer has so filled the requirements of s 220 of the Act. Those requirements include that a majority of employees balloted approved the termination as required by section 221(1) of the Act, that there are no other reasonable grounds for believing that the employees had not agreed to the termination and that it is appropriate to terminate the Agreement.

[6] I approve the termination of the Agreement, with effect from 1 November 2020.

DEPUTY PRESIDENT

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