HISCO Pty Ltd T/A Hisco Unit Trust

Case

[2023] FWCA 2818

1 SEPTEMBER 2023


[2023] FWCA 2818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

HISCO Pty Ltd T/A Hisco Unit Trust

(AG2023/3011)

HISCO ENTERPRISE AGREEMENT 2013 (AG2013/7464)

Commercial sales

DEPUTY PRESIDENT O'KEEFFE

PERTH, 1 SEPTEMBER 2023

Application for termination of the HISCO Enterprise Agreement 2013.

  1. On 30 August 2023 HISCO Pty Ltd as the Trustee for the Hisco Unit Trust (the Applicant) made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the HISCO Enterprise Agreement 2013 (the Agreement).

  1. The Applicant is an employer party to the Agreement and the application was lodged within 14 days of the termination being agreed to by the employees of the Applicant. 

  1. Having examined the material submitted by the Applicant, I am satisfied that the requirements of s.220(2)(a) and (b) of the Act with respect to the voting process have been met.  I am also satisfied that a majority of employees who cast a valid vote approved the termination as per s.221(1) of the Act and I have no reasonable grounds for believing that the employees have not agreed to the termination.  There are no employee organisations covered by the Agreement and as such s223(d) of the Act is not relevant. 

  1. The application to terminate is approved and the termination will take effect from 1 September 2023.


DEPUTY PRESIDENT

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