Structural Marine Engineering Pty Ltd T/A Structural Marine Engineering

[2016] FWCA 6957

[2016] FWCA 6957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Structural Marine Engineering Pty Ltd T/A Structural Marine Engineering
(AG2016/5145)

STRUCTURAL MARINE ENGINEERING AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 28 SEPTEMBER 2016

Application for termination of the Structural Marine Engineering Agreement 2013.

[1] On 19 August 2016 Structural Marine Engineering Pty Ltd T/A Structural Marine Engineering (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act)to terminate the Structural Marine Engineering 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union was invited to provide its view on the application but has not sought to make a submission.

[4] Based on the material that is before me, including the Statutory Declaration sworn by Mr Kyung Sam Na of the Employer, I am satisfied that the requirements of s.223 of the Act have been met.

[5] 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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