Skrobar Engineering Pty Ltd

[2013] FWCA 3333

[2013] FWCA 3333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Skrobar Engineering Pty Ltd
(AG2013/1238)

SKROBAR ENGINEERING PTY LTD METAL ENGINEERING ON SITE CONSTRUCTION AGREEMENT 2011-2014

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 27 MAY 2013

Application for termination of the Skrobar Engineering Pty Ltd Metal Engineering On Site Construction Agreement 2011-2014.

[1] On 22 May 2013 Skrobar Engineering Pty Ltd (the Applicant) made application pursuant to s.222 of the Fair Work Act 2009 (the Act) for approval to terminate the Skrobar Engineering Pty Ltd Metal Engineering On Site Construction Agreement 2011-2014 (the Agreement).

[2] The Agreement is due to expire on 30 June 2014.

[3] Section 223 of the Act sets out the conditions to be met by an application under a.222 of the Act in the following terms:

“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.”

[4] The application to terminate the Agreement was accompanied by a statutory declaration declared by Mr Andrew Matthews of the Applicant on 20 May 2013.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has advised that it supports the termination of this agreement.

[6] Based on the material accompanying this application, I am satisfied that the requirements of s.223 of the Act have been met.

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

COMMISSIONER

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