Paul-Tec (Australia) Pty Ltd
[2023] FWCA 595
•23 FEBRUARY 2023
| [2023] FWCA 595 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument
Paul-Tec (Australia) Pty Ltd
(AG2023/210)
Paul-Tec (Australia) Pty Ltd Monitoring Centre Employee Collective Agreement (ECA) 2006/2011
| Telecommunications services | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 23 FEBRUARY 2023 |
Application for termination of the Paul-Tec (Australia) Pty Ltd Monitoring Centre Employee Collective Agreement (ECA) 2006/2011
This decision arises from an application by Paul-Tec (Australia) Pty Ltd made pursuant to Schedule 3, item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TP Act). The application seeks to terminate the Paul-Tec (Australia) Pty Ltd Monitoring Centre Employee Collective Agreement (ECA) 2006/2011 (the Agreement).
Schedule 3, Item 15 of the TP Act states:
15. Collective agreement-based transitional instruments: termination by agreement
Subdivision C of Division 7 of Part 2-4 of the FW Act (which deals with termination of enterprise agreements by employers and employees) applies in relation to a collective agreement-based transitional instrument If a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.
Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the FW Act), being ss.219 – 224, sets out the specific requirements that must be met in relation to terminating an enterprise agreement by employers and employees.
Mr Robert Voigts provided a declaration setting out the background to the application, the process undertaken by the employer when requesting that the agreement be terminated, and attesting that the employees would be better off under the modern award.
On 7 February 2023, my Chambers wrote to the Applicant requesting that they forward correspondence from Chambers to the employees covered by the subject agreement and request that they ascertain whether any of those employees sought to make any submissions in the matter. This request was complied with on 9 February 2023. The Direction for any employee or union covered by the Agreement to make any submissions ran its course on 21 February 2023 and no submissions were received.
Based on the material provided to the Commission, I am satisfied that the employer has fulfilled the requirements of s.220 of the FW Act. Those requirements include that the majority of employees balloted approved the termination as required by s.221(1) of the FW Act, and that there are no other reasonable grounds for believing that the employees had not agreed to the termination and that it is appropriate to terminate the Agreement.
I approve the termination of the Agreement, with effect from 24 February 2023.
DEPUTY PRESIDENT
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