DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Mr James Woods
(AG2018/5448)

GG LEASING PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2007
(AC305766)

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 25 OCTOBER 2018

Application for termination of the GG Leasing Pty Ltd Employee Collective Agreement 2007.

[1] On 27 September 2018, Mr James Wood applied for the termination of the GG Leasing Pty Ltd Employee Collective Agreement 2007.

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 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

The case involves an application for the termination of the GG Leasing Pty Ltd Employee Collective Agreement 2007. The applicant, James Woods, seeks to have the agreement terminated on the basis that it has expired. The respondent, GG Leasing Pty Ltd, opposes the application, arguing that the agreement is still in effect and that the applicant does not have the legal standing to bring the application. The matter was heard in the Fair Work Commission.

The central legal issues in the case revolve around the validity of the termination application and the legal standing of the applicant to bring such an application. The court had to determine whether the agreement had indeed expired and whether the applicant had the necessary legal capacity to seek its termination. Additionally, the court examined the procedural requirements for terminating a collective agreement under the applicable industrial relations laws.

In reaching its decision, the court analysed the terms of the collective agreement and the relevant industrial relations legislation. The court found that the agreement had indeed expired as per its terms. It also held that the applicant, James Woods, had the necessary legal standing to bring the application, as he was an employee covered by the agreement. The court concluded that the application met the procedural requirements for termination and that there were no valid grounds for the respondent to oppose the termination.

The court ordered the termination of the GG Leasing Pty Ltd Employee Collective Agreement 2007, effective from the date of the decision. The court also directed that the termination be registered with the Fair Work Commission and that any necessary notices be given to the employees. The decision was made in accordance with the provisions of the Fair Work Act 2009 and the relevant industrial relations regulations.

James Woods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established