TLTT Pty Ltd T/A Classic Concrete Pumping

[2018] FWCA 6621

[2018] FWCA 6621

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

TLTT Pty Ltd T/A Classic Concrete Pumping

(AG2018/5446)

TLTT Pty Ltd Classic Concrete Pumping and CFMEU Union Collective Agreement 2011-2015

Building, metal and civil construction industries
Commissioner Hunt	BRISBANE, 20 december 2018

Application for termination of the TLTT Pty Ltd Classic Concrete Pumping and CFMEU Union Collective Agreement 2011-2015

1. On 28 September 2018 TLTT Pty Ltd T/A Classic Concrete Pumping made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the TLTT Pty Ltd Classic Concrete Pumping and CFMEU Union Collective Agreement 2011-2015 (the Agreement).

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. Section 223 provides as follows:

“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 Form F24A statutory declaration made by Mr Peter Gisinger, Director of TLTT Pty Ltd T/A Classic Concrete Pumping which declared, amongst other things, that the three employees covered by the Agreement were notified of the time and place of the vote and that of the three votes cast, three employees approved the termination of the Agreement.

1. The Construction, Forestry, Mining and Energy Union Construction and General Division, Queensland Builders’ Labourers’ Divisional Branch (CFMEU) is a party to the Agreement.

1. On Friday, 30 November 2018, I sought the views of the (now) CFMMEU on the proposed termination of the Agreement and invited the CFMMEU to provide its views to my chambers by Friday, 7 December 2018. No response from the CFMMEU was received to my chambers.

1. In consideration of the material before me, including the statutory declaration, I am satisfied that the requirements of s.223 of the Act have been met. In accordance with s.223, I must terminate the Agreement. The application to terminate the Agreement is approved.

COMMISSIONER

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