Williamstown Sheetmetal Pty Ltd T/A Williamstown Sheetmetal

[2016] FWCA 6248

[2016] FWCA 6248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument

Williamstown Sheetmetal Pty Ltd T/A Williamstown Sheetmetal
(AG2016/5125)

WILLIAMSTOWN SHEETMETAL PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2003

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 SEPTEMBER 2016

Application for termination of the Williamstown Sheetmetal Pty Ltd Collective Bargaining Workshop Agreement 2003.

[1] An application has been made by Williamstown Sheetmetal Pty Ltd t/a Williamstown Sheetmetal (Applicant) under s.222 of the Fair Work Act 2009 (Act) to terminate the Williamstown Sheetmetal Pty Ltd Collective Bargaining Workshop Agreement 2003 (Agreement) which is a collective agreement-based transitional instrument under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (TPCA Act). The nominal expiry date of the Agreement was 31 March 2006.

[2] Schedule 3, Item 15 of the TPCA Act provides that Subdivision C of Division 7 of Part 2-4 of the Act (which deals with termination of enterprise agreements by employers and employees) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[3] Subdivision C of Division 7 of Part 2-4 of the Act sets out the specific requirements that must be met in relation to the termination of an enterprise agreement by employers and employees.

[4] Mr Steve Watts, Director of the Applicant, provided a statutory declaration outlining the process undertaken by the Applicant. Attached to the statutory declaration is a memorandum to employees which includes the explanation of where the voting would take place and it indicates to employees that the terms and conditions of their employment would be covered by the Manufacturing and Associated Industries and Occupations Award 2010 and the National Employment Standards.

[5] I am satisfied that the requirements of s.223 of the Act for the termination of an enterprise agreement by agreement have been met.

[6] The termination of the Agreement is approved with effect from 2 September 2016.

DEPUTY PRESIDENT

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