Gazebo Group Pty Ltd

[2012] FWA 7545

[2012] FWA 7545

FAIR WORK AUSTRALIA

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Gazebo Group Pty Ltd
(AG2012/10491)

DEPUTY PRESIDENT SAMS SYDNEY, 4 SEPTEMBER 2012

Gazebo Group Pty Ltd Employee Collective Agreement 2007.

[1] This decision concerns on application, filed on 16 August, 2012 under Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (‘the Act’) filed by the Gazebo Group Pty Ltd ATF Gazebo Unit Trust (‘the applicant’) to terminate the Gazebo Group Pty Ltd Employee Collective Agreement 2007 (‘the Agreement’)). The Agreement passed its nominal expiry date on 12 April 2012 and covers about 40 employees engaged by the parent Company, the Keystone Group, at the Gazebo venue, Elizabeth Bay.

[2] At a hearing of the application on 27 August 2012, Mr W Morrell, Group Human Resources Manager for the Keystone Group, informed the Tribunal that the purpose of the application was to bring the employees at the Gazebo Elizabeth Bay venue under the terms of the Modern Award (Hospitality Industry (General) Award 2010). This would ensure consistency with all of its other venues operating in Sydney. The practical effect of the application is to provide for Saturday, Sunday and Public Holiday penalty rates, higher casual loading and improved allowances. Clearly the employees will be significantly better off than they would otherwise be under the terms of the expired Agreement. Attached to the application are 18 signed authorities from employees who all approve their change in industrial coverage.

[3] Section 226 of the Act requires FWA to terminate an expired enterprise agreement subject to:

(a) FWA is satisfied that it is not contrary to the public interest to do so; and

(b) FWA 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.

[4] Having heard the submissions of Mr Worrell and considering the documentation filed with the application, I am satisfied the applicant has standing to bring this application. I am also satisfied that it would not be contrary to the public interest to terminate the Agreement. The fact the employees will be better off as a result of the termination of the Agreement and their overwhelming support for the application, are important and necessary prerequisites which strongly tell in favour of the application being granted.

[5] Accordingly, pursuant to s 227 of the Act, I shall issue an order terminating the Gazebo Group Pty Ltd Employee Collective Agreement 2007, effective on and from the 28 August 2012. A formal order to that effect will accompany this decision.

DEPUTY PRESIDENT

Appearances:

Mr W Morrell, Group Human Resources Manager for the applicant

Hearing details:

2012
Sydney
27 August

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