Pearl Lifestyle Services Pty Ltd

[2019] FWCA 4219

[2019] FWCA 4219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Pearl Lifestyle Services Pty Ltd
(AG2019/311)

PEARL LIFESTYLE SERVICES PTY LTD - SINGLE ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 18 JUNE 2019

Application for termination of the Pearl Lifestyle Services Pty Ltd - Single Enterprise Agreement 2013.

[1] On 10 February 2019 Pearl Lifestyles Pty Ltd made an application under Section 222 of the Fair Work Act 2009 for termination of the Pearl Lifestyles Services Pty Ltd Single Enterprise Agreement 2013 (“the Agreement”).

[2] The Agreement covers the applicant and it employees engaged in classifications contained in the Agreement. The nominal expiry date of the agreement was 16 December 2017, so the agreement passed that date approximately 18 months ago. There are no employee organisations covered by the Agreement.

[3] The application was accompanied by a Statutory Declaration of 30 January 2019 signed by Kathleen Rees. Correspondence was sent to the applicant advising that the Statutory Declaration was not in the approved form and a further Form F24A Statutory Declaration signed by Kathleen Rees was filed.

[4] Section 223 of the Act provides for when the FWC must approve a termination of an enterprise agreement. The section states as follows:

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of the 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 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 employees organisations (if any) covered by the agreement.”

[5] On the basis of the material before the Commission including the Form F24A Statutory Declaration I am satisfied that the statutory tests have been met and the application to terminate the Agreement is approved and operates from date of this decision.

COMMISSIONER

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