Landscape Plus (Vic) Pty Ltd T/A Landscape Plus

[2018] FWCA 1821

[2018] FWCA 1821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Landscape Plus (Vic) Pty Ltd T/A Landscape Plus
(AG2018/1037)

LANDSCAPE PLUS (VIC) PTY LTD T/AS LANDSCAPE PLUS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 28 MARCH 2018

Application for termination of the Landscape Plus (Vic) Pty Ltd t/as Landscape Plus and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] Landscape Plus (Vic) Pty Ltd has applied to terminate the Landscape Plus (Vic) Pty Ltd t/as Landscape Plus and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The Agreement has not passed its nominal expiry date.

[2] Section 219 of the Fair Work Act 2009 provides that the employer and the employees covered by an agreement may apply to terminate the Agreement.

[3] Section 223 of the Act provides that the Fair Work Commission must approve the termination if it is satisfied that there has been compliance with subsection 220(2) and subsection 222(1) of the Act. Further, the Commission must be satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination. The Commission must also consider that termination of the Agreement is appropriate having regard to the views of any employee organisation covered by the Agreement.

[4] Landscape Plus filed a statutory declaration attesting to its compliance with s.220 of the Act. Further, Landscape Plus has complied with subsection 222(1).

[5] Landscape Plus advised that 43 people were currently covered by the Agreement and 42 employees voted to approve the termination.

[6] On 27 March 2018, the CFMEU advised chambers they did not seek to oppose the application.

[7] Further, the CFMEU is covered by the Agreement satisfying the requirement contained in subsection 222(1).

[8] As I am satisfied that all the requirements have been met, the application for approval of the termination of the Agreement is granted. The Agreement will terminate at 5.00 pm on 28 March 2018.

DEPUTY PRESIDENT

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