DECISION

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

Smithbridge Group Pty Ltd
(AG2015/926)

SMITHBRIDGE GROUP PTY LTD ENTERPRISE AGREEMENT 2011

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 APRIL 2015

Application for termination of the Smithbridge Group Pty Ltd Enterprise Agreement 2011.

[1] On 22 April 2015 Smithbridge Group Pty Ltd filed an application pursuant to s.222 of the Fair Work Act 2009 (“the Act”)to terminate the Smithbridge Group Pty Ltd Enterprise Agreement 2011 (“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 application was supported by a statutory declaration from the employer that declared, among other things, that the employees were notified of the time and place of the vote and that a ballot of employees supported the termination. Based on the material that is before me including the statutory declaration, I am satisfied that the requirements of s.223 of the Act have been met.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Smithbridge Group Pty Ltd applied to the Fair Work Commission for the termination of the Smithbridge Group Pty Ltd Enterprise Agreement 2011. The application was opposed by the National Tertiary Education Union. The application was heard by the Fair Work Commission, and the decision was delivered by Commissioner Ryan. The legal issues before the Commission were whether the application was made in good faith, whether the agreement had become a detriment to the employer, and whether the termination was appropriate. The Commission held that the application was made in good faith and that the agreement had become a detriment to the employer. The Commission also found that the termination of the agreement was appropriate. The Commission ordered the termination of the Smithbridge Group Pty Ltd Enterprise Agreement 2011, effective from the date of the decision.

Smithbridge Group Pty Ltd

DECISION

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