Hays Specialist Recruitment (Australia) Pty Ltd

[2013] FWCA 3306

[2013] FWCA 3306

FAIR WORK COMMISSION

DECISION

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

Hays Specialist Recruitment (Australia) Pty Ltd
(AG2013/6156)

HAYS WORKPLACE AGREEMENT 2008-2012

Clerical industry
COMMISSIONER MCKENNA	SYDNEY, 29 MAY 2013

Application for termination of the Hays Workplace Agreement 2008-2012.

[1] Hays Specialist Recruitment (Australia) Pty Ltd (“the applicant”) has made an application pursuant to Schedule 3, item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to terminate a collective agreement-based transitional instrument titled the Hays Workplace Agreement 2008-2012 (“the Agreement”). As to such applications, s.226 of the Fair Work Act 2009 (“the Act”) provides 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.”

[2] In support of the application, the applicant relied principally on a statutory declaration deposed by its Director of Payroll Operations and Company Secretary, as supplemented by submissions on 24 May 2013. Having considered the matters relied on by the applicant in support of the application to terminate the Agreement, and also the views expressed in the submissions of the two employees who provided emailed submissions to the Commission, I am satisfied the Agreement should be terminated.

[3] In accordance with s.226 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AC312751  PR537237>