Darghaw Pty Limited

Case

[2023] FWCA 348

3 FEBRUARY 2023


[2023] FWCA 348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Darghaw Pty Limited

(AG2022/5394)

OSCARS HOTEL ENTERPRISE AGREEMENT 2013

Hospitality industry

DEPUTY PRESIDENT CROSS

SYDNEY, 3 FEBRUARY 2023

Application for termination of the Oscars Hotel Enterprise Agreement 2013

  1. An application has been made to terminate the Oscars Hotel Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s225 of the Fair Work Act 2009 (Cth) (the Act). The Application has been made by Darghaw Pty Limited (the Applicant).

  1. Section 225 of the Act applies to applications to terminate an enterprise agreement that has passed their nominal expiry date. I am satisfied that the Agreement is an enterprise agreement, and that its nominal expiry date of 4 July 2017 has passed.

  1. The Applicant has made a statutory declaration in support of their application, and it is noted that there are no current employees that are covered by the Agreement.

  1. On the basis of the information provided to me in the Application, and as set out above, I am satisfied that each of the requirements of s.226 of the Act as are relevant to this Application for termination have been met.

  1. The termination will come into effect on 10 February 2023.


DEPUTY PRESIDENT

<AE402085  PR750216>

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