PJ Corporate Electrical Pty Ltd

[2016] FWCA 5827

[2016] FWCA 5827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

PJ Corporate Electrical Pty Ltd
(AG2016/4646)

PJ CORPORATE ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 AUGUST 2016

Application for termination of the PJ Corporate Electrical Pty Ltd Single Enterprise Agreement 2013.

[1] On 25 July 2016 PJ Corporate Electrical Pty Ltd (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the PJ Corporate Electrical Pty Ltd Single Enterprise Agreement 2013 (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:

“223 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] On matter was listed for a telephone conference on 3 August 2016 for clarification of the basis for the application. Subsequent to this, directions were issued on 3 August 2016, directing the Employer as follows:

“[3] The FAIR WORK COMMISSION DIRECTS PJ Corporate Electrical Pty Ltd to provide the Form F24A Statutory Declaration provided to the Commission by PJ Corporate Electrical Pty Ltd with the application, together with these directions, to all employees whose terms of employment are regulated by this agreement, prior to close of business on Friday 12 August 2016.”

[4] The directions further advised:

“[4] Any party wishing to be heard with respect to this application is invited to contact my office on or before Wednesday 17 August 2016 with advice to this effect. In the event of such contact being made, the application will be listed for hearing shortly after that date. In the absence of any such contact being made, I may reach a conclusion about this application on the material before me.”

[5] Based on the material that is before me, including the Statutory Declaration sworn by Mr Eddie Howlett of the Employer, and the advice provided at the conference on 3 August 2016, which included advice from an employee representative, I am satisfied that the requirements of s.223 of the Act have been met.

[6] In accordance with s.224 of the Act, the termination will come into effect on the date of this decision.

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