Kitsea Pty Ltd T/A Great Lakes Holiday Park

[2022] FWCA 1932

[2022] FWCA 1932 [Note: a correction has been issued to this document]

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

Kitsea Pty Ltd T/A Great Lakes Holiday Park

(AG2022/1530)

GREAT LAKES CARAVAN PARK (STAFF) EMPLOYEE COLLECTIVE AGREEMENT

Hospitality industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 JUNE 2022

Application for termination of the Great Lakes Caravan Park (Staff) Employee Collective Agreement

1. Kitsea Pty Ltd (Kitsea) is covered by the Great Lakes Caravan Park (Staff) Employee Collective Agreement (Agreement) and has made an application to terminate the Agreement pursuant to s 225 of the Fair Work Act2009 (Cth) (Act). The nominal expiry date of the Agreement was 29 May 2011.

1. The Agreement is a collective agreement-based transitional instrument within the meaning of item 2(5) of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (Transitional Act). By reason of item 16 of schedule 3 of the Transitional Act, subdivision D of division 7 of part 2-4 of the Act applies to the Agreement as if reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument such as the Agreement.

1. There are no employee organisations covered by the Agreement.

1. There are employees covered by the Agreement.

1. I gave the employees covered by the Agreement an opportunity to be heard in relation to the application by Kitsea to terminate the Agreement. No negative comments or submissions were pressed by any of the employees covered by the Agreement.

1. I am satisfied on the basis of the material provided to the Fair Work Commission (Commission) that the Agreement is no longer suitable for Kitsea’s business or the employees who work in it. For example, the Agreement only provides for casual employment; it provides for a flat rate of pay; and it does not include provisions for higher payment for work on weekends or at potentially inconvenient times of the day. In my view, the Hospitality Industry (General) Award 2020 is a more suitable industrial instrument.

1. Having regard to the information provided to the Commission in support of the application for termination of the Agreement, I am satisfied that:[1]

• termination of the Agreement is not contrary to the public interest; and

• it is appropriate to terminate the Agreement taking account all the circumstances including:

• the views of the employees covered by the Agreement and Kitsea; and

• the circumstances of those employees and Kitsea including the likely effect that the termination will have on each of them.

1. Accordingly, I terminate the Agreement with effect from midnight on Friday, 17 June 2022. An order [PR742607] giving effect to this decision will be issued today.

DEPUTY PRESIDENT

[1] Section 226 of the Fair Work Act 2009 (Cth)

Printed by authority of the Commonwealth Government Printer

<AC300321  PR742606>