Shire of Pingelly

[2014] FWCA 6990

[2014] FWCA 6990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Shire of Pingelly
(AG2014/8795)

SHIRE OF PINGELLY (OUTSIDE EMPLOYEES) ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 6 OCTOBER 2014

Application for termination of the Shire of Pingelly (Outside Employees) Enterprise Agreement 2013.

[1] On 29 August 2014 the Shire of Pingelly (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act)to terminate the Shire of Pingelly (Outside Employees) 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] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union (the Union), the employee organisation covered by the Agreement, has expressed some concerns about the terms of the Shire of Pingelly Collective Agreement 2014 [AE409543] which will cover the employees who are currently covered by this Agreement if the Commission agrees to terminate the Agreement.

[4] I note the Employer has responded to the Union’s concerns in writing and I am satisfied that considering this and the Union’s views it is appropriate to approve the termination of this Agreement.

[5] Based on the material that is before me, including the Statutory Declaration sworn by Mr Gavin Pollock the Chief Executive Officer of the Employer, 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.

COMMISSIONER

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