LINX Cargo Care Pty Ltd

[2021] FWCA 2977

[2021] FWCA 2977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

LINX Cargo Care Pty Ltd
(AG2021/5115)

LINX WEST LOGISTICS ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 JUNE 2021

Application for termination of the Linx West Logistics Enterprise Agreement 2017.

[1] This decision concerns an application made by LINX Cargo Care Pty Ltd (the Applicant) on 13 May 2021 for the termination of the Linx West Logistics Enterprise Agreement 2017 (the Agreement) 1 made under s 225 of the Fair Work Act 2009 (the Act).

[2] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[3] Section 226 of the Act, set out below, details the considerations for the Commission when dealing with such an application.

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.

[4] In support of its application, the Applicant has provided a statutory declaration from Ms Sinead Bryson who is the Human Resources and Industrial Relations Business Partner of the Applicant.

[5] Ms Bryson explains that the Agreement had a nominal expiry date of 30 June 2019, that no employee is covered by the Agreement and there is no intention by the Applicant to utilise this Agreement in the future as the work previously performed under the Agreement is no longer required to be performed.

[6] The Transport Workers’ Union (theUnion) was invited to provide its views on the Application. The Union has not opposed the application.

Consideration

[7] I am satisfied that the termination of the Agreement is not contrary to the public interest; and in the circumstances of this case, it is appropriate to terminate the Agreement.

[8] The views of the employer have been considered, and I accept Ms Bryson’s statement in her declaration that there are no employees covered by the Agreement. The Union has not challenged this point.

[9] Accordingly, the Agreement is terminated. Pursuant to s 227 of the Act the termination is to take effect on and from the date of this decision.

DEPUTY PRESIDENT

 1   AE427017.

Printed by authority of the Commonwealth Government Printer

<AE511586  PR730122>