Yorkeys Knob Boating Club Inc T/A Yorkeys Knob Boating Club

[2019] FWCA 6407

[2019] FWCA 6407

The attached document replaces the document previously issued with the above code on 13 September 2019.

By inserting document referencing and Agreement title.

Mackenzie Barnes

Associate to Commissioner Spencer

Dated 16 September 2019

[2019] FWCA 6407

FAIR WORK COMMISSION

DECISION

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

Yorkeys Knob Boating Club Inc T/A Yorkeys Knob Boating Club
(AG2019/2947)

YORKEYS KNOB BOATING CLUB INC. COLLECTIVE AGREEMENT 2006

Registered and Licensed Clubs
COMMISSIONER SPENCER	BRISBANE, 16 SEPTEMBER 2019

Application for termination of the Yorkeys Knob Boating Club Inc. Collective Agreement 2006.

[1] On 13 August 2019 Yorkeys Knob Boating Club Inc T/A Yorkeys Knob Boating Club (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act)to terminate the Yorkeys Knob Boating Club Inc. Collective Agreement 2006 (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:

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] Mr Mathew Simpson, General Manager of the Applicant provided a statutory declaration which outlined the process taken for the employees to approve the termination of the Agreement.

[4] In respect of s.220(2)(b) and whether the employees were given a reasonable opportunity to decide whether they wanted to approve the termination, Mr Simpson’s evidence was that in the months leading up to 1 August 2019, employees were provided with a document that detailed the Agreement termination process and provided voting information.

[5] A secret ballot was conducted and of the 46 employees who were covered by the Agreement, 40 votes were cast. A majority of voters voted ‘yes’ to terminate the Agreement with 38 votes and 2 voters voted ‘no’. Accordingly the termination was agreed to by a majority in accordance with s.221(1).

[6] There are no other reasonable grounds for considering that the employees have not agreed to the termination. Upon termination of the Agreement, the employees will be covered by the Registered and Licensed Clubs Award 2010.

[7] Having considered the requirements set out in s.223 of the Act, the termination of the Agreement is approved. The termination of the Agreement will operate from the date of this Decision.

[8] In accordance with s.224 of the Act, the decision will come into effect from today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AC301398  PR712400>