Jayrow Helicopters Pty Ltd

Case

[2024] FWCA 879

8 MARCH 2024


[2024] FWCA 879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Jayrow Helicopters Pty Ltd

(AG2024/191)

JAYROW HELICOPTERS PILOTS COLLECTIVE AGREEMENT 2008

Aviation industry

DEPUTY PRESIDENT SLEVIN

SYDNEY, 8 MARCH 2024

Application for termination of the Jayrow Helicopters Pilots Collective Agreement 2008

  1. On 1 February 2024, Jayrow Helicopters Pty Ltd (Applicant) filed an application (Application) pursuant to s.225 of the Fair Work Act 2009 (Cth) (Act) to terminate the Jayrow Helicopters Pilots Collective Agreement 2008 (the Agreement). The Agreement is a collective agreement. The nominal expiry date of the Agreement was 30 June 2001.

  1. The application was supported by a Form F24C statutory declaration of Mr Franco Muser, Chief Executive Officer, which declared, amongst other things, that the Employer does not have any employees engaged to work under the Agreement.  

  1. If an application is made under s.225, s.226 provides that the Commission must terminate the agreement if satisfied that the agreement does not, and is not likely to, cover any employees and it is appropriate in all the circumstances to do so. Based on the material contained in the statutory declaration filed with the application, and having regard to the matters in s.226, I am so satisfied.

  1. Accordingly, I must terminate the Agreement. The application to terminate the Agreement is approved.  

  1. The termination will take effect from today, on 8 March 2024. 

DEPUTY PRESIDENT

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