McNeil Pet Supplies Pty Ltd ATF McNeil Family Trust T/A Purrfect Petz

[2013] FWCA 4957

[2013] FWCA 4957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

McNeil Pet Supplies Pty Ltd ATF McNeil Family Trust T/A Purrfect Petz
(AG2013/7341)

MCNEIL PET SUPPLIES ENTERPRISE AGREEMENT 2009

Retail industry
COMMISSIONER CLOGHAN	PERTH, 22 JULY 2013

Application for termination of the McNeil Pet Supplies Enterprise Agreement 2009.

[1] On 2 July 2013, McNeil Pet Supplies Pty Ltd ATF McNeil Family Trust T/A Purrfect Petz (Employer) made application for termination of the McNeil Pet Supplies Enterprise Agreement 2009 (Agreement).

[2] The application is made pursuant to s.222 of the Fair Work Act 2009 (FW Act).

[3] Pursuant to s.223 of the Act, the Fair Work Commission (Commission) must approve the termination of an enterprise agreement if:

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

(d) 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.

[4] On 22 July 2013, I conducted a conference. At the conference, the Employer was represented by Mr Stephen McNeil. With the exception of one (1) employee, Ms Jessica McNeil, the remaining five (5) employees were in attendance.

[5] I am satisfied, based upon a statutory declaration provided by Mr Stephen McNeil and the knowledge, awareness and views of the employees that the provisions of s.223 of the FW Act have been met.

[6] The employees are supportive of the termination of the Agreement by a ballot and in the conference.

[7] Accordingly, I order that the Agreement be terminated from today’s date in accordance with s.224 of the FW Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE873369  PR539257>