Jolliffe Plumbing Pty Ltd

[2019] FWCA 4752

[2019] FWCA 4752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Jolliffe Plumbing Pty Ltd
(AG2019/2157)

JOLLIFFE PLUMBING PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2019

Application for termination of the Jolliffe Plumbing Pty Ltd Enterprise Agreement 2014 - 2018

[1] On 24 June 2019, Jolliffe Plumbing Pty Ltd lodged an application pursuant to s 222 of the Fair Work Act 2009 (Act) to terminate the Jolliffe Plumbing Pty Ltd Enterprise Agreement 2014 - 2018 (Agreement).

[2] The Agreement is a single enterprise agreement. The nominal expiry date of the Agreement was 4 May 2018. There are no unions covered by the Agreement.

[3] The relevant provisions of the Act are as follows:

“222 Application for the FWC’s approval of a termination of an enterprise agreement

Application for approval

(1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the FWC for approval of the termination.

Material to accompany the application

(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

When the application must be made

(3) The application must be made:

(a) within 14 days after the termination is agreed to; or

(b) if in all the circumstances the FWC considers it fair to extend that period—within such further period as the FWC allows.

223 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.

224 When termination comes into operation

If a termination of an enterprise agreement is approved under section 223, the termination operates from the day specified in the decision to approve the termination.”

[1] Based on the material contained in the statutory declaration filed with the application, I am satisfied that the requirements in s 220(2) of the Act in relation to termination of the Agreement have been complied with. I am also satisfied that the termination was agreed to in accordance with s 221(1) of the Act, and that there are no reasonable grounds for believing that the employees have not agreed to the termination.

[2] Taking into account all of the circumstances, I consider that it is appropriate to terminate the Agreement. The termination will operate from 10 July 2019.

[3] An order giving effect to this decision will be issued separately in PR710149.

DEPUTY PRESIDENT

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