Nacap Pty Ltd
[2022] FWCA 1026
•25 MARCH 2022
| [2022] FWCA 1026 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement
Nacap Pty Ltd
(AG2022/595)
Nacap QLD Construction Services Agreement 2019
| Building services | |
| COMMISSIONER WILSON | MELBOURNE, 25 MARCH 2022 |
Application for termination of the Nacap QLD Construction Services Agreement 2019
On 4 March 2022, Nacap Pty Ltd made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Nacap QLD Construction Services Agreement 2019 (AE424851).
On 9 March 2022 correspondence was received in Chambers from an individual who wished to remain anonymous which raised the following concerns regarding the conduct of the Applicant during the vote for approval of the Agreement which was intended to replace the 2019 Agreement (AE424851) upon its termination. Specifically, it was alleged that: no group discussions or private discussions were allowed to be held, bargaining representatives were subject to intimidation, and there were irregularities in the management of the ballot box.
On 11 March 2022 Chambers requested that the Applicant provide a formal response to these anonymous allegations. The Applicant provided a response on 22 March 2022 in the form of eight Statutory Declarations and an Outline of Submissions. The materials provided resolved the concerns. The rationale for the termination was also clarified. The 2019 Agreement did not cover all employees of the Applicant, and the Applicant sought a new Agreement with this coverage. I am satisfied by this rationale.
I am satisfied that each of the requirements contained in ss.222 and 223 of the Act have been met.
The Agreement is terminated and, in accordance with s.224 of the Act, the termination will come into effect from 1 April 2022.
COMMISSIONER
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