Maroondah Credit Union Ltd (MCU)
[2009] FWA 176
•31 AUGUST 2009
[2009] FWA 176 |
|
DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 15 - agreement to terminate collective agreement-based transitional instrument
(AG2009/11101)
MAROONDAH CREDIT UNION COLLECTIVE AGREEMENT 2008-2011
[AC871367]
Finance and investment services | |
COMMISSIONER FOGGO | MELBOURNE, 31 AUGUST 2009 |
Application to terminate the Maroondah Credit Union Collective Agreement 2008-11.
[1] This decision arises from an application by Maroondah Credit Union Ltd (MCU) made pursuant to schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and referenced to s.222 of the Fair Work Act 2009 (the Act). This section relates to the requirements to be met for the termination of an enterprise agreement by employers and employees.
[2] There are specified steps which must be undertaken by an Applicant seeking approval of the termination of an enterprise agreement set out in s.222 of the Act. The Application is lodged through Form 28 and the test applied by the Tribunal is set out in s.223 of the Act.
[3] The Application in this matter was accompanied by a Declaration from Denis Grehan, Chief Executive Officer, to the effect that all staff covered by the Agreement were given an opportunity to vote on the proposal to terminate the Agreement. An explanatory statement was provided to each staff member and a week provided for staff to consider the documents. The staff vote counted on 23 July 2009 was 100% in favour of terminating the Agreement. On these grounds I am satisfied that the provisions of ss.222(1) and (2) have been met.
[4] The Application was lodged on 30 July 2009 which is within the 14 days of the vote to terminate the Agreement. The provisions of s.222(3) have been satisfied.
[5] There is no information before the Tribunal which indicates that there are any reasonable grounds for not believing that the employees have not agreed to the termination of the Agreement.
[6] I therefore approve the termination of the Maroondah Credit Union Collective Agreement 2008 – 2011. The termination is effective from 31 August 2009.
COMMISSIONER
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