GPC Asia Pacific Pty Ltd

[2021] FWCA 1935

[2021] FWCA 1935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

GPC Asia Pacific Pty Ltd
(AG2021/367)

AUTOBARN LOGAN CITY EMPLOYEE COLLECTIVE AGREEMENT 2009

DEPUTY PRESIDENT LAKE BRISBANE, 9 APRIL 2021

Application for termination of the Autobarn Logan City Employee Collective Agreement 2009– application granted – agreement terminated.

[1] An application pursuant to s 225 of the Fair Work Act 2009 (the Act) was made by GPC Asia Pacific Pty Ltd (the Applicant) to terminate the Autobarn Logan City Employee Collective Agreement 2009 (the Agreement).

[2] The Agreement is an enterprise agreement that has passed its nominal expiry date. The nominal expiry date for the Agreement was 11 January 2014.

[3] 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.”

[4] I am satisfied that termination of the Agreement is not contrary to the public interest as termination of the Agreement would result in employees being covered by a modern award and the NES, thus achieving the object of the Act of providing a guaranteed safety net of fair, relevant, and enforceable minimum terms and conditions of employment.

[5] I was not made aware of anything that may indicate it would be contrary to the public interest to terminate the Agreement.

[6] At the date of this Decision, no employees covered by the Agreement have objected to the termination of the Agreement.

[7] Taking into account the information provided in response to the matters in s 226 of the Act, and in accordance with the above submissions, I consider it appropriate to terminate the agreement on the basis that the material satisfies the legislative requirements that the termination of the Agreement is appropriate. I am satisfied it is not contrary to the public interest to terminate the Agreement.

[8] The application is therefore granted and the Agreement is terminated. Termination of the Agreement will take effect from 16 April 2021.

[9] I order accordingly.[10]

DEPUTY PRESIDENT

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