MacDonald Johnston Pty Ltd T/A Bucher Municipal Pty Ltd (formerly known as MacDonald Johnston Pty Ltd)

[2016] FWCA 5354

[2016] FWCA 5354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

MacDonald Johnston Pty Ltd T/A Bucher Municipal Pty Ltd (formerly known as MacDonald Johnston Pty Ltd)
(AG2016/3882)

MACDONALD JOHNSTON - WESTERN AUSTRALIAN SERVICE BRANCH - ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 AUGUST 2016

Application for termination of the MacDonald Johnston - Western Australia Service Branch - Enterprise Agreement 2013.

[1] On 12 July 2016 MacDonald Johnston Pty Ltd T/A Bucher Municipal Pty Ltd (formerly known as MacDonald Johnston Pty Ltd) made application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the MacDonald Johnston - Western Australia Service Branch - Enterprise Agreement 2013 (the Agreement) which has passed its nominal expiry date.

[2] Section 223 of the Act sets out the conditions to be met by an application under a.222 of the Act in the following terms:

“223 When FWA 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, FWA must approve the termination if:

(a) FWA 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) FWA 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) FWA is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) FWA 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 Applicant has filed statutory declarations of several of the employees covered by the agreement and based on all of the material before me I am satisfied that the requirements of s.223 of the Act have been met.

[4] In accordance with s.224 of the Act, the termination will come into effect on 3 August 2016.

COMMISSIONER

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