Karndean International Pty Ltd T/A Kardean Designflooring

[2015] FWCA 6377

[2015] FWCA 6377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Karndean International Pty Ltd T/A Kardean Designflooring
(AG2015/4426)

KARNDEAN INTERNATIONAL PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012

Storage services
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

Application for termination of the Karndean International Pty Ltd and National Union of Workers Enterprise Agreement 2012.

[1] This decision concerns an application made on 25 August 2015 by Karndean International Pty Ltd T/A Kardean Designflooring (the Applicant) pursuant to Section 222 of the Fair Work Act 2009 (the Act) to terminate the Karndean International Pty Ltd and National Union of Workers Enterprise Agreement 2012 (the Agreement).

[2] The Agreement has a nominal expiry date of 19 October 2015.

[3] I am satisfied that the Applicant can make this application pursuant to Section 222 as it is an employer covered by the Agreement. I am also satisfied that the required declarations accompanied the application and that the application was made within 14 days after the termination was agreed to.

[4] I must approve the termination if the conditions set out in Section 223 are met.

“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.”

[5] A Statutory Declaration has been provided by the Applicant that it has satisfied the requirements in Section 223(a) and (b). It also attests that:

● There is 1 employee covered by the agreement.
● That employee advised the employer that he did not wish to renew the Agreement on 24 August 2015.

[6] I am satisfied based upon the statutory declaration of the employer that the employee covered by the Agreement was given a reasonable opportunity to decide. There are no other reasonable grounds for believing that the employee has not agreed to the termination.

[7] The NUW is covered by the Agreement. They were given an opportunity to make a submission and did not advise of any opposition to the Application.

[8] The requirements of Section 223 have been met and therefore I must approve the termination.

[9] The termination shall operate from the date of this decision.

COMMISSIONER

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