Computertrans Group Pty Ltd

[2022] FWCA 2593

[2022] FWCA 2593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Computertrans Group Pty Ltd

(AG2022/2156)

Computertrans Australia - Employees Enterprise Agreement 2018

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 5 AUGUST 2022

Application for termination of the Computertrans Australia - Employees Enterprise Agreement 2018.

1. Computertrans Group Pty Ltd has applied to terminate the Computertrans Australia – Employees Enterprise Agreement 2018 (‘the Agreement’). The Agreement was approved on 20 November 2018 and nominally expired on 27 November 2021.

1. Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated under section 225 of the Act:

“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.”

1. The Agreement passed its nominal expiry date on 27 November 2021. It now covers 7 employees (11% of total staff) as a result of recent significant downsizing and restructuring of the business. The purpose of the application for termination is to simplify and align remuneration and reward processes for all staff across the business.

1. The Transport Workers’ Union is a party to the Agreement and does not oppose the termination of the Agreement.

1. Relevant employees were given an opportunity to provide their views on the application but chose not to respond.

1. In the circumstances, I am satisfied that termination is not contrary to the public interest and that it is appropriate that the Agreement be terminated.

1. The Agreement is terminated with effect from today.

COMMISSIONER

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