NCP Plumbing Contractors Pty Ltd

[2019] FWCA 1609

[2019] FWCA 1609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

NCP Plumbing Contractors Pty Ltd
(AG2019/538)

NCP PLUMBING CONTRACTORS COMMERCIAL CONSTRUCTION ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER HUNT	BRISBANE, 25 MARCH 2019

Application for termination of the NCP Plumbing Contractors Commercial Construction Enterprise Agreement 2015 - 2019

[1] On 4 March 2019 NCP Plumbing Contractors Pty Ltd (NCP) made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the NCP Plumbing Contractors Commercial Construction Enterprise Agreement 2015 – 2019 (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. Section 223 provides as follows:

“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 Form F24A statutory declaration made by Mr Hayden Rudd, Commercial Manager of NCP Plumbing Contractors Pty Ltd, which declared, amongst other things, that the five employees covered by the Agreement were notified of the time and place of the vote and that of the five votes cast, five employees approved the termination of the Agreement.

[4] By way of further correspondence dated 11 March 2019 to my chambers, Mr Rudd stated the employees covered by the Agreement were assured, “…that their terms and conditions of employment would not change and that no employee would be any worse off on the termination of this agreement.”

[5] The Agreement does not cover any employer organisations or employee organisations.

[6] In consideration of the material before me, including the statutory declaration and correspondence at [4], I am satisfied that the requirements of s.223 of the Act have been met. In accordance with s.223, I must terminate the Agreement. The application to terminate the Agreement is approved.

[7] The termination will take effect today, 25 March 2019.

COMMISSIONER

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