The Burns Plumbing Unit Trust

[2016] FWCA 4942

[2016] FWCA 4942

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

The Burns Plumbing Unit Trust
(AG2016/4408)

BURNS AIRCONDITIONING & PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) REGIONAL ENTERPRISE AGREMEENT 2013-2016

Plumbing industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 JULY 2016

Application for termination of the Burns Airconditioning & Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Regional Enterprise Agreement 2013-2016.

[1] The Burns Plumbing Unit Trust (TBPUT) has applied to terminate the Burns Airconditioning & Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Regional Enterprise Agreement 2013-2016 (the Agreement). The Agreement had not passed its nominal expiry date.

[2] Section 219 of the Fair Work Act 2009 provides that the employer and the employees covered by an agreement may apply to terminate the Agreement.

[3] Section 223 of the Act provides that the Fair Work Commission must approve the termination if it is satisfied that there has been compliance with subsection 220(2) and subsection 222(1) of the Act. Further, the Commission must be satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination. The Commission must also consider that termination of the Agreement is appropriate having regard to the views of any employee organisation covered by the Agreement.

[4] On 15 July 2016, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia emailed my chambers advising that it did not oppose the termination of the Agreement.

[5] TBPUT filed a statutory declaration attesting to its compliance with s.220 of the Act. Further, TBPUT has complied with subsection 222(1).

[6] TBPUT advised that five employees were currently covered by the Agreement and all five employees voted to approve the termination.

[7] As I am satisfied that all the requirements have been met, the application for approval of the termination of the Agreement is granted. The Agreement will terminate on 26 July 2016.

DEPUTY PRESIDENT

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