Hy-Tec Industries (Queensland) Pty Ltd

[2015] FWC 517

[2015] FWC 517

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based

transitional instrument

Hy-Tec Industries (Queensland) Pty Ltd

(AG2014/8433)

Building, metal and civil construction industries

COMMISSIONER SIMPSON BRISBANE, 20 JANUARY 2015

Application for termination of the Enterprise Collective Agreement - BM Webb Holdings Pty

Ltd and Quarry Employees of BM Webb Holdings Pty Ltd.

[1]        On 4 December 2014, Hy-Tec Industries (Queensland) Pty Ltd (“the Employer”)

filed an application pursuant to Sch. 3, Item 15 of the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009 (“the TPCA Act”) to terminate the BM Webb Holdings

Pty Ltd and Quarry Employees of BM Webb Holdings Pty Ltd. (“the Agreement”).

1. The TPCA Act sets out that Subdivision C of Division 7 of Part 2-4 of the Fair Work Act

(“the Act”) applies.

1. 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 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, FWC must approve the termination if:

(a) 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) 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) FWC is satisfied that there are no other reasonable grounds for believing that the

employees have not agreed to the termination; and

[2015] FWC 517

(d) 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.”

1. Mark Anthony Collins, Quarry Manager of the Applicant provided a statutory declaration

which outlined the process taken for the employees to approve the termination of the Agreement.

[4] The Applicant provided further material as to the information provided to the employees prior to

the vote.

[5] On the information provided, there are no other reasonable grounds for considering that the

employees have not agreed to the termination. There are no employee organisations that are covered

by the Agreement.

[6] Having considered the requirements set out in s.223 of the Act, the termination of the Agreement is

approved. In accordance with s.224 of the Act, the termination of the Agreement will operate from the

date of this Decision.

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