Guardia Australia Pty Ltd
[2022] FWCA 2062
•28 JUNE 2022
| [2022] FWCA 2062 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
Guardia Australia Pty Ltd
(AG2022/1734)
Guardia australia security enterprise agreement 2015
| Security services | |
| COMMISSIONER BISSETT | MELBOURNE, 28 JUNE 2022 |
Application for termination of the Guardia Australia Security Enterprise Agreement 2015 after its nominal expiry date.
On 2 June 2022 Guardia Australia Pty Ltd made an application to the Fair Work Commission to terminate the Guardia Australia Security Enterprise Agreement 2015 (the Agreement) under s.225 of the Fair Work Act 2009 (FW Act). The Agreement covers and applies to Guardia Australia Pty Ltd and all employees employed in the Commonwealth of Australia.
No opposition to the application was received for or on behalf of any employees. The Applicant has indicated that it will maintain wages of current employees to the extent they are better than that contained in the relevant Award.
Section 226 of the FW Act sets out the conditions which must be met for an agreement to be terminated under section 225 of the FW Act. Section 226 states as follows:
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.”
Pursuant to s.225 of the FW Act, and having considered, and being satisfied as to each of the matters contained in s.226 of the FW Act, the Agreement is terminated.
The termination of the Agreement will come into effect on 28 June 2022. An order[1] to this effect will be issued shortly.
COMMISSIONER
[1] PR742968
Printed by authority of the Commonwealth Government Printer
<AE415285 PR742938>
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