Forum C Pty Ltd T/A Workplace Central

[2018] FWCA 217

[2018] FWCA 217

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Forum C Pty Ltd T/A Workplace Central
(AG2017/5920)

FORUM C PTY LTD COLLECTIVE AGREEMENT 270606

Clerical industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 12 JANUARY 2018

Application for termination of the Forum C Pty Ltd Collective Agreement 270606.

[1] On 1 December 2017, Forum C Pty Ltd T/A Workplace Central (the Applicant) made an application in the Fair Work Commission (the Commission) to terminate the Forum C Pty Ltd Collective Agreement 270606 (the Agreement) under s. 225 of the Fair Work Act 2009 (the Act).

[2] The Form 24B submitted with the application states that there are no employee organisations covered by the Agreement.

[3] The Form 24C Statutory Declaration submitted with the application confirms that the Applicant wrote a letter to all employees covered by the Agreement in the week commencing 13 November 2017 informing them of the Applicant’s intention to apply to the Commission to terminate the Agreement and move employees onto Award conditions. None of the employees covered by the Agreement voiced any objections to the application.

[4] On 6 December, I requested a further statutory declaration from the Applicant which described the steps it took to inform the employees covered by the Agreement of its intention to terminate the Agreement. On 11 December, the Applicant provided a statutory declaration made by Ms Kate Lynch, Employment Manager, confirming that of the 637 Forum C employees, 378 employees were sent the letter via e-mail on 15 November 2017 and 259 employees were sent the letter via Australia Post on 14 and 15 November 2017. Ms Lynch further stated that employees who have responded to the communication have not objected to termination of the Agreement and transitioning onto Award conditions.

[5] Pursuant to s. 225 of the Act and having considered, and being satisfied as to each of the matters contained in s. 226 of the Act as set out in the application, the Agreement is terminated.

[6] The termination will come into effect from 17 December 2017, in accordance with the date set out in the application and the communication to employees.

DEPUTY PRESIDENT

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<AC303202  PR599445>