Kirribilli Ex Service Club Ltd T/A Kirribilli Ex Service Club Limited

[2022] FWCA 1131

[2022] FWCA 1131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Kirribilli Ex Service Club Ltd T/A Kirribilli Ex Service Club Limited

(AG2022/840)

Kirribilli Club Collective Agreement 2007

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 MARCH 2022

Application for termination of the Kirribilli Club Collective Agreement 2007

1. An application has been made by Kirribilli Ex Service Club Ltd (Applicant) for the termination of the Kirribilli Club Collective Agreement 2007 (Agreement).

1. The application is made under s.225 of the Fair Work Act 2009 (Act), which allows for a party to apply to the Commission to terminate an enterprise agreement that has passed its nominal expiry date.

1. Relevantly, s.226 of the Act reads:

“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”.

1. The Applicant employer has provided, in support of its termination application, a statutory declaration and Form F24C – Declaration in relation to termination of an enterprise agreement after the nominal expiry date from Mr Andrew Crofts, Chief Executive Officer and Club Manager of the Applicant. The statutory declaration included an explanation of the steps taken by the Applicant to consult with employees regarding the potential termination of the Agreement. Mr Crofts outlined that no objections were made from employees regarding the termination of the Agreement, albeit one query was raised by an employee regarding their respective level under the applicable award that will apply post termination of the Agreement (being the Registered and Licensed Clubs Award 2020 (Award)). Further, Mr Crofts submitted that employees will be better off overall (in relation to their terms and conditions of employment) under the Award (in comparison to the Agreement). Having compared the terms and conditions under the Award with those under the Agreement, I concur with Mr Crofts submission.

Consideration

1. I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account the views of the Applicant, and its relevant employees, I do consider in the circumstances here that it is appropriate to terminate the Agreement. Accordingly, the Agreement is terminated and pursuant to s.227 of the Act, the termination takes effect on and from the date of this decision.

DEPUTY PRESIDENT

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