Amcor Packaging (Australia) Pty Ltd T/A Amcor Cartons Smithfield

[2013] FWCA 7474

[2013] FWCA 7474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Amcor Packaging (Australia) Pty Ltd T/A Amcor Cartons Smithfield
(AG2013/2881)

CARTER HOLT HARVEY CARTONS, SMITHFIELD ENTERPRISE AGREEMENT 2010

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 27 SEPTEMBER 2013

Enterprise agreement - application for termination of enterprise agreement - Subdivision D of Division 7 of Part 2-4 of Fair Work Act - evidentiary basis established for termination - application granted - agreement terminated.

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to section 225 of the Fair Work Act 2009 (the Act). The application was made by Amcor Packaging (Australia) Pty Limited (the employer), and it was lodged on 16 September 2013 at Sydney.

[2] The application identified that the matter involved the proposed termination of an enterprise agreement known as the Carter Holt Harvey Cartons, Smithfield Enterprise Agreement 2010 (the Agreement).

[3] The application was listed for a Hearing in Chambers on 27 September 2013. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[4] The application included a covering letter dated 16 September 2013, signed by Danielle Kavanagh as Senior Legal Counsel for the employer (the covering letter). The covering letter stated, inter alia, “The remaining agreements no longer apply to any employees because the relevant sites have been closed.” The Agreement is an instrument encompassed as one of the “remaining agreements” referred to in the above extract from the covering letter.

[5] In the absence of any opposition to the application, I have treated the relevant contents of the covering letter as evidence in support of the application. I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the covering letter establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

[6] Consequently I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

[7] In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 27 September 2013. An Order [PR542525] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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<Price code A, AE878786  PR542524>