Specialty Packaging Group Pty Ltd T/A Specialty Packaging Group

[2022] FWC 1861

[2022] FWC 1861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A Specialty Packaging Group

(AG2022/2426)

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DEPUTY PRESIDENT BOYCE	SYDNEY, 15 JULY 2022

Application for termination of the Specialty Packaging Group Pty Ltd (NSW) Enterprise Agreement 2018

1. On 14 July 2022, Specialty Packaging Group Pty Ltd T/A Specialty Packaging Group (the Applicant) made an application to the Fair Work Commission (Commission) to terminate the Specialty Packaging Group Pty Ltd (NSW) Enterprise Agreement 2018 [AE502944] (the Agreement) under s.222 of the Fair Work Act 2009 (Act). The Agreement nominally expired on 31 August 2021.

1. 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.”

1. The application was supported by a Declaration made on 14 July 2022 by Mr Mathew Wilmore, Employee Relations Specialist. Mr Wilmore declared that the following steps were taken by the Applicant to ensure that relevant employees were given a reasonable opportunity to decide whether they wanted to approve the termination:

a)On 27 June 2022, a meeting was held to consult with the relevant employee/s covered by the Agreement regarding the termination of the Agreement. The employee/s was given a letter explaining the terms, conditions, and process regarding termination of the Agreement.

b)On 7 July 2022, the employee/s covered by the Agreement returned a signed copy of the letter, accepting the terms and conditions for terminating the Agreement.

1. Mr Wilmore also declared that the following steps were taken by the Applicant to notify the employee/s covered by the Agreement of the time and place at which the vote was to occur; and the voting method to be used:

a)On 12 July 2022, the employee/s was handed the “Consent to Terminate Agreement” and advised that to sign the form if they agreed to terminate the Agreement.

b)On the same date, the employee/s returned the signed “Consent to Terminate Agreement” form.

1. Voting commenced and concluded on 12 July 2022.

1. Mr Wilmore declared that a valid vote approving the termination of the Agreement was returned.

1. No submissions in opposition to the termination were filed.

1. Based upon the material that is before the Commission, including the statutory declaration provided by the Applicant, the Commission is satisfied that the requirements of s.223 of the Act have been met.

1. In accordance with s.224 of the Act, the termination will come into effect from the date of this Decision, 15 July 2022.

DEPUTY PRESIDENT

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<AE502944  PR743836>