Application by MP BDT Partnership T/A Blue Dolphin Holiday Resort

Case •

[2024] FWCA 1370

•

29 April 2024
[2024] FWCA 1370

FAIR WORK COMMISSION
DECISION

Fair Work Act 2009

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

Application by MP BDT Partnership T/A Blue Dolphin Holiday Resort

(AG2024/1252)

DEPUTY PRESIDENT CROSS

SYDNEY, 29 APRIL 2024

Application for termination of the Blue Dolphin Holiday Resort Enterprise Agreement 2014

  1. MP BDT Partnership T/A Blue Dolphin Holiday Resort (the Applicant) has made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) for approval to terminate the Blue Dolphin Holiday Resort Enterprise Agreement 2014 (the Agreement). The Agreement has passed the nominal expiry date of 12 March 2018.

  1. Section 223 of the Act sets out the conditions to be met by an application under s.222 of the Act in the following terms:

“When the FWC 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, the FWC must approve the termination if:

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

(d)  the FWC 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.”

  1. I am satisfied that each of the matters under section 223 of the Act have been met.

  2. Section 224 of the Act provides that the termination operates from the day specified in the decision to terminate the agreement.

  1. Accordingly, the Agreement will be terminated effective from 11:59pm, 29 April 2024.

DEPUTY PRESIDENT

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