Jinadash Pty Limited

[2013] FWCA 5153

[2013] FWCA 5153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement
s.225 Application for termination of an enterprise agreement

Jinadash Pty Limited
(AG2013/7691)

LOCHLILE CORP PTY LTD PRODUCTION EMPLOYEES COLLECTIVE AGREEMENT 2009

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 30 JULY 2013

Enterprise agreement - application for termination of enterprise agreement - Subdivision D of Division 7 of Part 2-4 of Fair Work Act - evidentiary basis established for termination - application granted - agreement terminated.

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been mistakenly made pursuant to section 222 of the Fair Work Act 2009 (the Act). The application identified that the matter involved the proposed termination of an enterprise agreement known as the LOCHLILE CORP PTY LTD PRODUCTION EMPLOYEES COLLECTIVE AGREEMENT 2009 (the Agreement).

[2] The nominal expiry date of the Agreement is 13 December 2012. Consequently, I have decided to treat the application as if it had been made under section 225 of the Act.

[3] The application was lodged on 23 July 2013 at Sydney. The application was made by TOOMEY PEGG Lawyers on behalf of Jinadash Pty Ltd (the employer).

[4] The application was listed for a Hearing in Chambers on 30 July 2013. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[5] The application included a Statutory Declaration of James Becker dated 17 July 2013, and made on behalf of the employer (the declaration). The declaration provided evidence in support of the application. On the basis of the evidence contained in the declaration 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 in the declaration establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

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

[7] In accordance with section 227 of the Act the day on which the termination of the Agreement operates is today, 30 July 2013. An Order [PR539521] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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