Application by Liquor, Hospitality and Miscellaneous Union

[2009] FWA 1778

[2009] FWA 1778

FAIR WORK AUSTRALIA

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application by FWA to terminate collective agreement-based transitional instrument

Application by Liquor, Hospitality and Miscellaneous Union
(AG2009/14286)

COMMISSIONER LEWIN MELBOURNE, 21 DECEMBER 2009

Glad Cleaning Union Greenfield Agreement 2007 (071861405).

[1] This decision concerns an application by the Liquor, Hospitality and Miscellaneous Union (LHMU) to terminate the Glad Cleaning Union Greenfield Agreement 2007 (the Agreement) pursuant to s.226 of the Fair Work Act 2009 (the Act).

[2] The Agreement is a collective agreement-based transitional instrument and its nominal expiry date is 11 January 2008/9.

[3] The LHMU filed an application pursuant to s.225 of the Act on 20 November 2009. Upon receipt of the application, the respondent company Glad Cleaning Services Pty Ltd (Glad) was contacted to ascertain whether or not the application to terminated the Agreement was opposed. Glad filed notification on 30 November 2009 that it did not oppose the termination of the Agreement. On 8 December 2009, the parties were invited to file material in Fair Work Australia in relation to the application for the termination of the agreement. On 16 December 2009, the LHMU and Glad Cleaning Service Pty Ltd (Glad) filed in the Fair Work Australia, a joint submission in support of the application to terminate the agreement.

[4] The provisions of s.226 of the Act are set out below:

“226 When FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the agreement if:

(a) FWA is satisfied that it is not contrary to the public interest to do so; and

(b) FWA considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[5] The application to terminate the Agreement is consented to by the parties, and I am satisfied that it is not contrary to the public interest to terminate the Agreement.

[6] The Agreement is terminated, in accordance with s.227 of the Act, I specify that the termination will take effect on and from 1 January 2010.

COMMISSIONER

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