Harrison Manufacturing Co Pty Limited
[2024] FWCA 3870
•5 NOVEMBER 2024
| [2024] FWCA 3870 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement
Harrison Manufacturing Co Pty Limited
(AG2024/3307)
HARRISON MANUFACTURING ENTERPRISE AGREEMENT 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 5 NOVEMBER 2024 |
Application for termination of the Harrison Manufacturing Enterprise Agreement 2021
An application has been made by Harrison Manufacturing Co. Pty Limited (Applicant) for the termination of the Harrison Manufacturing Enterprise Agreement 2021 (Agreement) pursuant to s.222 of the Fair Work Act 2009 (FW Act). The application was accompanied by a declaration completed by Robert Feltin (Group Human Resources Leader).
The Agreement is a single enterprise agreement. It was approved by the Commission on 12 July 2021.[1] It was approved to operate from 19 July 2021 with a nominal expiry date of 3 May 2025. The Agreement covers the UWU.
Section 223 of the FW Act states that the Commission must approve an application for the termination of an agreement if each of the requirements in ss.223(a) to (d) are met.
Mr Feltin declares that the employees covered by the Agreement were consulted about the Applicant’s proposal to terminate the Agreement on 5 August 2024 and 12 August 2024. The employees were also provided with documents explaining the proposal and advised that a vote to determine whether the employees wished to terminate the Agreement would occur on 13 August 2023. Mr Feltin has provided information to establish that the reasons the employees were being asked to vote in relation to terminating the Agreement and the effect of the Agreement being terminated was explained to employees. I am satisfied that the process followed meets the requirements in s.220(2) and s.223(a) of the FW Act.
Mr Feltin also described the voting process that occurred on 13 August 2024. All 21 employees cast a valid vote and 20 of those employees voted in favour of terminating the Agreement. I am satisfied that the termination was agreed in accordance with s.221(1) and s.223(b) of the FW Act.
I am satisfied that there are no other reasonable grounds for believing that the affected employees have not agreed to the termination in accordance with s.223(c) of the FW Act.
The UWU does not oppose the application. Taking this view into account in accordance with s.223(d) of the FW Act I am satisfied it is appropriate to approve the termination.
As I am satisfied that all of the requirements in s.223 are met I approve the termination of the Agreement and specify that the termination will take effect on 5 November 2024.
DEPUTY PRESIDENT
[1] [2021] FWCA 4054
Printed by authority of the Commonwealth Government Printer
<AE512192 PR780973>
0
0
0