Violet Town Concrete Industries Pty Ltd

[2015] FWCA 2473

[2015] FWCA 2473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Violet Town Concrete Industries Pty Ltd
(AG2015/2057)

VIOLET TOWN CONCRETE INDUSTRIES EMPLOYEE COLLECTIVE AGREEMENT 2006

Cement and concrete products
COMMISSIONER RYAN	MELBOURNE, 9 APRIL 2015

Application for termination of the Violet Town Concrete Industries Employee Collective Agreement 2006.

[1] On 15 March 2015 Violet Town Concrete Industries Pty Ltd made application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Violet Town Concrete Industries Employee Collective Agreement 2006 (the Agreement) which has reached its nominal expiry.

[2] Section 223 of the Act sets out the conditions to be met by an application under a.222 of the Act in the following terms:

“223 When FWA 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, FWA must approve the termination if:

(a) FWA 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) FWA 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) FWA is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) FWA 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] Based on the material accompanying this application and further evidence given in transcript by Mr Hanson on 9 April 2015, I am satisfied that the requirements of s.223 of the Act have been met.

[4] In accordance with s.224 of the Act, the termination will come into effect on 9 April 2015.

COMMISSIONER

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