Scott Corporation Limited T/A Energytrans

[2014] FWCA 9060

[2014] FWCA 9060

FAIR WORK COMMISSION

DECISION

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

Scott Corporation Limited T/A Energytrans
(AG2014/9994)

ENERGYTRANS (MACKAY) DRIVERS ENTERPRISE AGREEMENT 2014-2016

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 15 DECEMBER 2014

Application for termination of the Energytrans (Mackay) Drivers Enterprise Agreement.

[1] On 21 November 2014 Scott Corporation Limited T/A Energytrans (“the Employer”) filed an application pursuant to s.222 of the Fair Work Act 2009 (“the Act”)to terminate the Energytrans (Mackay) Drivers Enterprise Agreement 2014-2016 (“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 FWA 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, FWA must approve the termination if:

(a) FWA 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) FWA 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) FWA is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) FWA 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] Mr Tom Hearne, General Manager of Corporate Services of the Applicant provided a statutory declaration which outlined the process taken for the employees to approve the termination of the Agreement. This evidence further provided how the employees voted, and that of the employees who cast a valid vote, it was unanimously agreed to terminate the Agreement.

[4] Mr Peter Biagini, branch Secretary of the Transport Workers Union of Australia, an employee organisation that is covered by the Agreement, filed a statutory declaration in support of the termination.

[5] There are no other reasonable grounds for considering that the employees have not agreed to the termination.

[6] Having considered the requirements set out in s.223 of the Act, the termination of the Agreement is approved. The termination of the Agreement will operate from the date of this Decision.

[7] In accordance with s.224 of the Act, the decision will come into effect from today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE406194CRV  PR559020>