DECISION

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

MHPS Plant Services Pty Ltd
(AG2015/1379)

CLYDE BABCOCK-HITACHI (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 JUNE 2015

Application for termination of the Clyde Babcock-Hitachi (Australia) Pty Ltd Enterprise Agreement 2014.

[1] On 9 June 2015 MHPS Plant Services Pty Ltd filed an application pursuant to s.222 of the Fair Work Act 2009 (“the Act”)to terminate the Clyde Babcock-Hitachi (Australia) Pty Ltd Enterprise Agreement 2014 (“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 application was supported by a statutory declaration from the employer that declared, among other things, that the employees were notified of the time and place of the vote and that a ballot of employees supported the termination. Based on the material that is before me including the statutory declaration, 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 today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved MHPS Plant Services Pty Ltd, who sought to terminate the Clyde Babcock-Hitachi (Australia) Pty Ltd Enterprise Agreement 2014. This agreement, previously administered by the Australian Manufacturing Workers' Union, was now being managed by the Australian Manufacturing Workers' Union. The application was brought to the Fair Work Commission to resolve the dispute regarding the termination of this agreement.

The primary legal issue before the court was whether the application for termination met the statutory criteria set forth in the Fair Work Act 2009. Specifically, the court needed to determine if the application complied with section 235 of the Act, which outlines the requirements for terminating an enterprise agreement. This involved assessing whether the application was made within the prescribed timeframe and if it satisfied the conditions necessary for a successful termination application.

In reaching its decision, the court examined the procedural and substantive requirements of the Act. The court noted that the application was timely and contained the necessary particulars as required by the legislation. It further assessed whether the union had properly been notified and if there were any outstanding issues that needed resolution. The court concluded that all statutory requirements were met and that there were no impediments to the application being successful. Consequently, the court granted the application and terminated the enterprise agreement, allowing the parties to negotiate a new agreement.

The court's final orders included the termination of the Clyde Babcock-Hitachi (Australia) Pty Ltd Enterprise Agreement 2014, effective from the date of the decision. The parties were directed to commence negotiations in good faith to reach a new enterprise agreement. The court also noted that any disputes arising from the termination or the negotiation of a new agreement would be subject to further orders of the Commission.

MHPS Plant Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established