Armando Monzon

[2014] FWCA 9261

[2014] FWCA 9261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Armando Monzon
(AG2014/8102)

State and Territory government administration
COMMISSIONER BISSETT	MELBOURNE, 22 DECEMBER 2014

Application for termination of the Monjon (Australia) Pty Ltd Collective Agreement 2007 - application refused.

[1] On 6 November 2014 Mr Armando Monzon (the Applicant) made an application to the Commission in accordance with s.222 of the Fair Work Act 2009 (the Act) to terminate the Monjon (Australia) Pty Ltd Collective Agreement 2007 (the Agreement).

[2] In his application the Applicant indicated that the termination of the Agreement was agreed. In a covering note to the Commission accompanying his application he requested that he remain anonymous.

[3] On 12 November 2014 my associate wrote to the Applicant and advised him that an application to terminate the Agreement is subject to a hearing in the Commission and that, as the Applicant, he would need to make submissions and give evidence as to why the Agreement should be terminated and why it was in the public interest to do so. He was advised that he could not remain anonymous during this process. The Applicant was advised that his application would not be listed for hearing unless he acknowledged that he could not remain anonymous. He was asked to reply by 5 December 2014.

[4] On 12 December 2014 I wrote to the Applicant and advised him that I was considering dismissing his application under s.587 of the Act as he had failed to respond to the correspondence from my associate. He was give seven days to make any submissions as to why I should not dismiss his application.

[5] The Applicant failed to respond. I have therefore determined the matter on the papers before me.

[6] Section 587 of the Act provides that the Commission may dismiss an application. The grounds for such dismissal are not limited by the Act but include that the application has no reasonable prospects of success.

[7] In this case the Applicant has failed to respond to any correspondence from the Commission that would enable his application to be properly dealt with in a manner that ensures procedural fairness.

[8] In considering the application I am not convinced that the Applicant is fully aware of the application he has made and the implications of termination of the Agreement. Further there is nothing to indicate that the termination of the Agreement was agreed to by employees covered by the Agreement.

[9] For these reasons I am satisfied that the application has no reasonable prospect of success and that the Applicant has failed to respond to correspondence of the Commission.

[10] The application is therefore dismissed.

COMMISSIONER

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