Levent Painting Pty Ltd T/A Levent’s Home Painting and Signwriting Services Pty Ltd

[2016] FWCA 8421

[2016] FWCA 8421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Levent Painting Pty Ltd T/A Levent’s Home Painting and Signwriting Services Pty Ltd
(AG2016/7147)

LEVENT’S HOME PAINTING & SIGNWRITING SERVICES PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 5 DECEMBER 2016

Application for termination of the Levent’s Home Painting & Signwriting Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017.

[1] On 21 November 2016 Levent Painting Pty Ltd T/A Levent’s Home Painting and Signwriting Services Pty Ltd (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act)to terminate the Levent’s Home Painting & Signwriting Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017 (the Agreement).

[2] 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 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.”

[3] The Construction, Forestry, Mining and Energy Union (CFMEU) were invited to provide their view on the application but have not sought to make a submission.

[4] Based on the material that is before me, including the Statutory Declarations sworn by Mr Levent Altintas the Director of the Employer and the nine employees covered by the Agreement, I am satisfied that the requirements of s.223 of the Act have been met.

[5] In accordance with s.224 of the Act, the termination will come into effect on the date of this decision.

COMMISSIONER

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