Bank Australia Limited

[2019] FWCA 5831

[2019] FWCA 5831

FAIR WORK COMMISSION

DECISION

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

Bank Australia Limited
(AG2019/2412)

INTECH CREDIT UNION LIMITED ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 AUGUST 2019

Application for termination of the Intech Credit Union Limited Enterprise Agreement 2016.

[1] Bank Australia Limited (the Applicant) has applied, pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the Intech Credit Union Limited Enterprise Agreement 2016 (the Agreement). The Agreement has passed its nominal expiry date of 30 June 2019 and the Applicant is the employer covered by the Agreement.

[2] Section 225 of the Act provides as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.”

[3] Section 226 of the Act provides:

“226 When the FWC must terminate an enterprise agreement

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

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

(b) the FWC 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.”

[4] The Finance Sector Union of Australia (the FSU) is an organisation covered by the Agreement. In correspondence to my Chambers of 8 August 2019, the FSU advised that it neither supports nor opposes the Application.

[5] The statutory declaration filed by the Applicant indicated that there are seven employees still covered by the Agreement who were consulted with prior to the lodgement of the application. Directions were issued seeking a response from these employees regarding their views, their circumstances and the likely effect that the termination of the Agreement will have on them. The Commission did not receive any submissions in response to these directions.

[6] Based on the material contained in the statutory declaration of Ms Sonya Clancy filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in s.226(b)(i) and (ii), I consider that it is appropriate to terminate the Agreement.

[7] The termination will operate from 22 August 2019.

COMMISSIONER

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