City Sightseeing Pty Ltd T/A Big Bus Tours

[2020] FWCA 4370

[2020] FWCA 4370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

City Sightseeing Pty Ltd T/A Big Bus Tours
(AG2020/2057)

CITY SIGHTSEEING PTY LTD ENTERPRISE MADE UNDER THE FAIR WORK ACT (CTH.) 2009

Passenger vehicle transport (non rail) industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 AUGUST 2020

Application for termination of the City Sightseeing Pty Ltd Enterprise made under The Fair Work Act (Cth.) 2009.

[1] City Sightseeing Pty Ltd T/A Big Bus Tours (the Applicant) has applied, pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the City Sightseeing Pty Ltd Enterprise made under The Fair Work Act (Cth.) 2009 1 (the Agreement). The Agreement has passed its nominal expiry date of 9 December 2017 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 225 of the Act provides as follows:

“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] There is no employee organisation covered by the Agreement.

[5] On 30 July 2020 directions were issued seeking a response from 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] On 14 August 2020 the Applicant filed submissions in support of the application.

[7] On 17 August 2020, the Applicant was advised the application would be determined on the papers.

[8] Based on the material contained in the statutory declaration and accompanying Statement of Jane Phillips, General Manager, filed with the application, and the Applicant submissions filed on 14 August 2020, 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.

[9] The termination is effective from today.

COMMISSIONER

 1   AE406371

Printed by authority of the Commonwealth Government Printer

<AE406371  PR721946>