SPE Management (ACT) Pty Ltd

[2024] FWCA 807

[2024] FWCA 807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

SPE Management (ACT) Pty Ltd

(AG2024/545)

SPE MANAGEMENT (ACT) PTY LTD ELECTRICAL SERVICES - ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 5 MARCH 2024

Application for termination of the SPE Management (ACT) Pty Ltd Electrical Services Enterprise Agreement 2020 – 2024.

1. SPE Management (ACT) Pty Ltd (Applicant) has applied pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the SPE Management (ACT) Pty Ltd Electrical Services Enterprise Agreement 2020 – 2024 (Agreement). The Agreement is a single enterprise agreement and has a nominal expiry date of 9 February 2025. No employee organisations are covered by the Agreement.

1. Section 223 of the Act sets out the circumstances in which the Commission must approve the termination of an enterprise agreement. It provides:

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.

1. The application indicated that a new enterprise agreement made between the Applicant and its employees, known as SPE Management (ACT) Pty Ltd Electrical & Mechanical Services - Enterprise Agreement 2024-2027, was approved by the Commission on 30 January 2024 with an operative date of 6 February 2024. However, the new agreement cannot apply until the Agreement subject to this application is terminated by virtue of s.58(2) of the Act as the Agreement has not yet passed its nominal expiry date.

1. Mr Matthew Parker, Managing Director of the Applicant, provided a statutory declaration which outlined the process undertaken by the Applicant in relation to the proposed termination of the Agreement. Mr Parker states that 31 employees covered by the Agreement were notified of the time and place of the vote and that of the 30 votes cast, 30 employees voted to approve the termination.

1. Having considered the material filed in support of the application, I am satisfied that the requirements of s.223 of the Act have been met. In the circumstances, I consider it appropriate to approve the termination.

1. The termination of the Agreement is approved. The termination operates from 5 March 2024.

DEPUTY PRESIDENT

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