Illion Australia Pty Ltd (formerly Dun & Bradstreet (Australia) Pty. Limited)

[2019] FWCA 3663

[2019] FWCA 3663

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Illion Australia Pty Ltd (formerly Dun & Bradstreet (Australia) Pty. Limited)
(AG2019/1203)

CSC LONG SERVICE LEAVE CASH OUT EMPLOYEE COLLECTIVE AGREEMENT 2009

Scientific services
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 MAY 2019

Application for termination of the CSC Long Service Leave Cash Out Employee Collective Agreement 2009.

[1] On 12 April 2019, Illion Australia Pty Ltd (formerly Dun & Bradstreet (Australia) Pty Limited) (the Applicant) applied, pursuant to Schedule 3, Item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) to terminate the CSC Long Service Leave Cash Out Employee Collective Agreement 2009 (Agreement).

[2] The Agreement covers the Applicant, and four employees of the Applicant whose employment transferred from CSC to the Applicant in 2011 and who have long service leave entitlements as specified in clause 2 of the Agreement. The Agreement has passed its nominal expiry date.

[3] The Application was filed by Ms Tanya Morgan, Director of People and Culture of Illion Australia Pty Ltd, who provided a Statutory Declaration in support of the Application and states that termination of the Agreement will result in a streamlining of its operations and ensure compliance with relevant state Long Service Leave legal requirements in respect of all of its employees.

[4] The Agreement is a collective agreement-based transitional instrument to which Items 15 and 16 of Schedule 3 of the Fair Work(Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) apply. The effect of Items 15 and 16 of Schedule 3 of the Transitional Act is that the termination of agreement provisions found in Subdivisions C and D of Division 7 of the Act apply to the Agreement as though a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[5] Section 225 of the Act provides:

“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.”

[6] Section 226 of the Act provides:

“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.”

[7] Submissions and or materials were sought for or in opposition to the application, from the relevant employees, in correspondence from my Chambers on the 7 May 2019. The employees covered did not provide a response nor were any materials filed. There is no Union involvement in this application.

[8] Based on the material contained in the Applicant’s statutory declaration filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in ss.226(b)(i) and (ii), I consider that it is appropriate to terminate the Agreement. There is nothing before me which raises public interest considerations which might militate against the termination of the Agreement. I am satisfied that it is appropriate to approve the termination of the Agreement, and I terminate the Agreement.

[9] The termination will operate from 29 May 2019.

[10] An order giving effect to this decision is separately issued in PR708773.

DEPUTY PRESIDENT

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<AC326128  PR708741>