McNab NQ Pty Ltd

[2024] FWCA 4347

[2024] FWCA 4347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

McNab NQ Pty Ltd

(AG2024/4576)

MCNAB CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 6 DECEMBER 2024

Application for termination of the McNab Constructions Pty Ltd Enterprise Agreement 2020.

1. McNab NQ Pty Ltd (Applicant) has applied pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the McNab Constructions Pty Ltd Enterprise Agreement 2020 (Agreement). The Agreement is a single enterprise agreement made directly with employees and no employee organisation is covered by it. It has a nominal expiry date of 29 January 2025.

1. Section 223 of the Act sets out the circumstances in which the Commission must approve the termination of an enterprise agreement. It provides:

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.

1. In a Statutory Declaration in support of the application (Form F24A), Ms Lauren Bolton, HR Manager – Corporate & Group Operations of the Applicant, outlined the process taken to consult with the employees about the proposed termination of the Agreement. Ms Bolton declared that of the 123 employees covered by the Agreement, all 111 employees who cast a valid vote in relation to whether the Agreement should be terminated voted in favour of terminating the Agreement.

1. The application was lodged together with an application to approve a new enterprise agreement known as McNab Trades and Labour Enterprise Agreement 2024 (the 2024 Agreement) which was intended to replace the Agreement upon its termination. The 2024 Agreement has been approved by the Commission on 6 December 2024 and will operate from 13 December 2024.

1. Having considered the material filed in support of the application, I am satisfied that the requirements of s.223 of the Act have been met. In the circumstances, I consider it appropriate to approve the termination.

1. The termination of the Agreement is approved. The termination will come into effect at midnight on 12 December 2024.

DEPUTY PRESIDENT

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