Vac Group Operations Pty Ltd

[2019] FWCA 6992

[2019] FWCA 6992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Vac Group Operations Pty Ltd
(AG2019/3758)

VAC GROUP EMPLOYEES ONSITE ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 9 OCTOBER 2019

Application for termination of the Vac Group Employees Onsite Enterprise Agreement 2016-2020.

[1] On 2 October 2019 Vac Group Operations Pty Ltd (Vac Group) made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Vac Group Employees Onsite Enterprise Agreement 2016-2020 (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. 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.”

[3] The application was supported by a Form F24A statutory declaration made by Mr Rob Lancaster, Human Resources Manager of Vac Group which declared, amongst other things, that the 102 employees covered by the Agreement were notified of the time and place of the vote and that of the 50 votes cast, 31 employees approved the termination of the Agreement.

[4] I note that a newer enterprise agreement which covers a like group of Vac Group’s employees as the Agreement was approved by the Commission on 28 August 2019. The title of that enterprise agreement is the Vac Group Operations Pty Ltd Enterprise Agreement 2019-2023 [2019] FWCA 5419. That new enterprise agreement can only apply to the relevant employees if the current Agreement is terminated.

[5] 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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<AE417992  PR713180>