Eastcoast Truck & Bus Services Centre Pty Ltd

[2014] FWCA 8830

[2014] FWCA 8830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Eastcoast Truck & Bus Services Centre Pty Ltd
(AG2014/9810)

EASTCOAST TRUCK & BUS SERVICE CENTRES PTY LTD (RETAIL) EMPLOYEE COLLECTIVE AGREEMENT 2011-2014

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 8 DECEMBER 2014

Application for termination of the Eastcoast Truck & Bus Service Centres Pty Ltd (Retail) Employee Collective Agreement 2011-2014.

[1] Eastcoast Truck & Bus Services Centre Pty Ltd (ETBSC) has applied to terminate the Eastcoast Truck & Bus Service Centres Pty Ltd (Retail) Employee Collective Agreement 2011-2014 (the Agreement). The Agreement had not passed its nominal expiry date.

[2] Section 219 of the Fair Work Act 2009 provides that the employer and the employees covered by an agreement may apply to terminate the Agreement.

[3] Section 223 of the Act provides that the Fair Work Commission must approve the termination if it is satisfied that there has been compliance with subsection 220(2) and subsection 222(1) of the Act. Further the Commission must be satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination. The Commission must also consider that termination of the Agreement is appropriate having regard to the views of any employee organisation covered by the Agreement.

[4] I issued directions requiring ETBSC to provide a copy of the application and the notice of listing to all the employees. Further ETBSC was required to advise the employees that they were entitled to appear before the Commission to support or oppose the application.

[5] ETBSC filed a statutory declaration attesting to its compliance with the directions.

[6] On 5 December 2014, I called the matter on for hearing. No employees appeared at the hearing in opposition to the termination of the agreement. Further, the AMWU, the employee organisation covered by the Agreement, advised at the hearing that it did not oppose the termination of the Agreement.

[7] At the hearing, I determined the application. As I am satisfied that all the requirements have been met, the application for approval of the termination of the Agreement is granted. The Agreement termination came into effect as of 5 December 2014.

DEPUTY PRESIDENT

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