Ladehai Pty Ltd ATF Kessells Road Unit Trust T/A BIG 4 North Star Holiday Resort & Caravan Park

[2021] FWCA 3504

[2021] FWCA 3504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Ladehai Pty Ltd ATF Kessells Road Unit Trust T/A BIG 4 North Star Holiday Resort & Caravan Park
(AG2021/5346)

LADEHAI PTY LIMITED ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT CROSS	SYDNEY, 17 JUNE 2021

Application for termination of the Ladehai Pty Limited Enterprise Agreement 2013.

[1] On 27 May 2021, Ladehai Pty Ltd (the Applicant) applied for the termination of the Ladehai Pty Limited Enterprise Agreement 2013 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] The application pursuant to s.225 of the Act states:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.”

[3] The applicant is an employer covered by the Agreement and thus has standing to make the termination applications. The Agreement has passed its nominal expiry date of 25 February 2018.

[4] Section 226 of the Act sets out when the Commission must terminate an expired enterprise agreement where an application to terminate an agreement is made.

“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.”

[5] The Applicant identified that the Agreement covers 74 employees. On 21 May 2021 the Applicant provided a notice that there was an application for the termination of the Agreement to its employees covered by the Agreement. Of those employees, 43 employees replied to the request, with 40 employees indicating they did wish for the Agreement to be terminated, and 2 employees voting that they did not wish for the Agreement to be terminated. Of the remainder, 1 employee expressed abstention and the remainder did not vote.

[6] Pursuant to s.225 of the Act and having considered, and being satisfied, as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[7] The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

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