Performance Concrete Pty Ltd

[2017] FWCA 5013

[2017] FWCA 5013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Performance Concrete Pty Ltd
(AG2017/4336)

PERFORMANCE CONCRETE PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 13 OCTOBER 2017

Application for termination of the Performance Concrete Pty Ltd Enterprise Agreement 2015 - 2019.

[1] On 21 September 2017, Performance Concrete Pty Ltd (the Company) made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Performance Concrete Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The Agreement has a nominal expiry date of 16 September 2019.

[2] The application was accompanied by a statutory declaration of Mr Paul Stines, Director of the Company, which outlined the process taken for the proposed termination. According to the declaration, employees were advised that if the Agreement was terminated by way of a valid majority of employees voting in favour of the termination, the Building and Construction General On-site Award 2010 (the Award) would apply and that employees will not be worse off under the terms of the Award. Mr Stines’ declaration further states that all four employees covered by the Agreement voted to terminate the termination.

[3] On 28 September 2017, the Company was directed to circulate my directions to all employees which requested that any persons who wish to oppose the application to advise my chambers by 11 October 2017. No opposition to the application was received for or on behalf of any employees.

[4] I have considered, and am satisfied, that each of the requirements contained in s.223 of the Act have been met. Accordingly, I approve the termination of the Agreement.

[5] The termination will come into effect from 13 October 2017.

DEPUTY PRESIDENT

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