Crown Hotel Grafton Pty Ltd ATF Grafton Freehold Hotels Unit Trust T/A Crown Hotel Grafton
[2022] FWCA 1141
•1 APRIL 2022
| [2022] FWCA 1141 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
Crown Hotel Grafton Pty Ltd ATF Grafton Freehold Hotels Unit Trust T/A Crown Hotel Grafton
(AG2022/330)
Crown Hotel Motel Pty Ltd Employee Collective Agreement 2006
| Hospitality industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 1 APRIL 2022 |
Application for termination of the Crown Hotel Motel Pty Ltd Employee Collective Agreement 2006
An application has been made pursuant to s.225 of the Fair Work Act 2009 (Cth) (the Act) by Crown Hotel Grafton Pty Ltd ATF Grafton Freehold Hotels Unit Trust T/A Crown Hotel Grafton (the Applicant) for approval to terminate the Crown Hotel Motel Pty Ltd Employee Collective Agreement 2006 (the Agreement). The nominal expiry date of the Agreement is 2011.
Sections 225 and 226 of the Act provide:
“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.
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.”
Consideration
The Applicant is an employer covered by the Agreement and thus has standing to make the termination application. The Agreement has passed its nominal expiry date of 2011.
The Agreement does not cover any employee organisations.
The Form F24C Declaration provided by Mr Charles Nalder states that the Applicant sought the views of the employees covered by the Agreement on 20 October 2021. It is stated that 16 employees responded and raised no objections. The remaining employee did not respond. No objections to the application were received by the Commission.
Determination
Based on the material accompanying the application and the information provided to the Commission, I am satisfied that the requirements of s.226 have been met, and that it is appropriate to terminate the Agreement. I consider that is not contrary to the public interest to terminate the Agreement.
Pursuant to s.226 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.
DEPUTY PRESIDENT
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