Bidvest (Victoria) Pty Ltd T/A Bidvest Logistics Melbourne

[2016] FWCA 5762

[2016] FWCA 5762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Bidvest (Victoria) Pty Ltd T/A Bidvest Logistics Melbourne
(AG2016/4182)

BIDVEST LOGISTICS MELBOURNE WAREHOUSE – ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 16 AUGUST 2016

Application for termination of the Bidvest Logistics Melbourne Warehouse – Enterprise Agreement 2014.

[1] The Application to terminate this Agreement has been made by the employer covered by the Agreement, Bidvest (Victoria) Pty Ltd T/A Bidvest Logistics Melbourne. The nominal expiry date of the Agreement is 1 July 2016 and I am satisfied that it is passed. I am satisfied by the Statutory Declaration provided by the employer that Bidvest (Victoria) Pty Ltd has ceased to operate its business known as Bidvest Logistics Melbourne or employ any person in that business and ceased to operate the distribution facility at 35-59 Clarinda Road, South Oakleigh, Melbourne. The coverage of the Agreement is restricted in Clause 5 to those who performed work for Bidvest (Victoria) Pty Ltd trading as Bidvest Logistics Melbourne located at 33-59 Clarinda Road, South Oakleigh, Melbourne. Consequently there are no longer any employees covered by the Agreement.

[2] The National Union of Workers (NUW) is covered by the Agreement. They have been informed about the application and advised that they do not oppose the application.

[3] In having regard to the requirements of Section 226 of the Act and based on the material that is before me, I am satisfied that:

● No employees are disadvantaged.
● There is administrative efficiency for the employer which would be achieved by the termination of the Agreement.
● The closure of the distribution facility and ceasing to operate the business mean that it is unlikely that new employees will be engaged by the company to perform work covered by the Agreement and hence there is no disadvantage or undermining of collective bargaining.
● It is not contrary to the public interest to terminate the Agreement.
● Taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] The termination shall operate from today’s date.

COMMISSIONER

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