Japan Airlines Co., Ltd.

[2014] FWCA 3744

[2014] FWCA 3744

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

Japan Airlines Co., Ltd.
(AG2014/6261)

JAPAN AIRLINES COMPANY LTD ENTERPRISE AGREEMENT 2002

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 19 JUNE 2014

Application for termination of the Japan Airlines Company Ltd Enterprise Agreement 2002.

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act). The application identified that the matter involved the proposed termination of a collective agreement-based transitional instrument known as the Japan Airlines Company Ltd Enterprise Agreement 2002(the Agreement).

[2] Consequently, by virtue of the operation of item 16 of Schedule 3 of the Transitional Act, the provisions of Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (the Act) are relevant to this application.

[3] The application was lodged on 30 May 2014 at Sydney. The application was made by Norton Rose Fulbright Australia, lawyers acting on behalf of Japan Airlines Co., Ltd. (the employer).

[4] The application was listed for a Hearing in Chambers on 19 June 2014. On 5 June 2014, the Commission issued a Notice of Listing for the Hearing in Chambers and requested that the employer provide copies of that Notice of Listing to all employees covered by the Agreement.

[5] On 18 June, the Commission received further material in support of the application from the lawyers acting for the employer. This further material included a copy of a communication from the employer to employees and which advised of the application and attached a copy of the Notice of Listing. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[6] The application included a Statutory Declaration of Rick Kelly dated 21 May 2014, and made on behalf of the employer. In addition, the further material provided in support of the application included a further Statutory Declaration of Rick Kelly, dated 18 June 2014. These two Statutory Declarations are referred to as the Declarations. The Declarations provided evidence in support of the application. On the basis of the evidence contained in the Declarations and the absence of any opposition to the application, I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the Declarations establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

[7] Consequently, I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

[8] In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 19 June 2014. An Order [PR551492] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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<Price code A, AG823335  PR551491>