HospitalityX Pty Ltd Summary

[2016] FWCA 958

The attached document replaces the document previously issued with the above code on 11

February 2016.

Change to the name of applicant in paragraph 1.

Susan Robertson

Associate to Senior Deputy President Hamberger

Dated: 11 February 2016
[2016] FWCA 958
DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement
HospitalityX Pty Ltd
(AG2016/170)
HOSPITALITYX CERTIFIED AGREEMENT 2014
Hospitality industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 11 FEBRUARY 2016

Application for termination of the HospitalityX Certified Agreement 2014.

[1] On 1 February 2016, HospitalityX Pty Ltd made an application to terminate the

HospitalityX Certified Agreement 2014 (the Agreement) under s.222 of the Fair Work Act

2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.
[3] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of

the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HospitalityX Pty Ltd applied to terminate the HospitalityX Certified Agreement 2014 under section 222 of the Fair Work Act 2009. The application was made on 1 February 2016, and no opposition was received from any party. The matter was heard by Senior Deputy President Hamberger in Sydney on 11 February 2016.

The primary legal issue before the court was whether the application met the criteria for termination under section 222 of the Act and whether the conditions specified in section 223 were satisfied. The court had to determine if the application complied with the requirements for terminating an enterprise agreement, including the absence of opposition and the court's satisfaction with all specified matters.

The court considered the application and found it to be in compliance with the statutory requirements. Senior Deputy President Hamberger was satisfied that all the conditions under section 223 of the Act were met. Consequently, the court approved the termination of the HospitalityX Certified Agreement 2014. The termination took effect from the date of the decision, 11 February 2016.

In conclusion, the court granted the application for the termination of the enterprise agreement, and the termination became effective immediately upon the court's decision.

HospitalityX Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established