Archerfield Airport Corporation Pty Ltd

[2015] FWCA 4518

[2015] FWCA 4518

FAIR WORK COMMISSION

DECISION

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

Archerfield Airport Corporation Pty Ltd
(AG2015/3160)

ARCHERFIELD AIRPORT ENTERPRISE AGREEMENT 2000 - 2001

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 3 AUGUST 2015

Application for termination of the Archerfield Airport Enterprise Agreement 2000 - 2001.

[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 item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act). The application identified that the matter involved the proposed termination of a collective agreement-based transitional instrument known as the Archerfield Airport Enterprise Agreement 2000 – 2001 (the Agreement).

[2] Consequently, by virtue of the operation of item 16 of Schedule 3 of the Transitional Act, the provisions of Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (the Act) are relevant to this application.

[3] The application was lodged on 26 June 2015 at Sydney. The application was made by Employsure Pty Ltd, agents acting on behalf of Archerfield Airport Corporation Pty Ltd (the employer).

[4] The application was listed for a Hearing in Chambers on 3 August 2015. On 21 July 2015, the Commission issued a Notice of Listing for the Hearing in Chambers and requested that the employer provide copies of that Notice of Listing to all employees covered by the Agreement.

[5] The application included a Statutory Declaration of Heather Ann Mattes dated 26 June 2015, and made on behalf of the employer. This Statutory Declaration is referred to as the Declaration. The Declaration provided evidence in support of the application. On the basis of the evidence contained in the Declaration and the absence of any opposition to 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 Declaration 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, 3 August 2015. An Order [PR569617] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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