Maureen Thornett Pty Ltd T/A Royal Oak Hotel (Balmain)

[2022] FWCA 2449

[2022] FWCA 2449

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

Maureen Thornett Pty Ltd T/A Royal Oak Hotel (Balmain)

(AG2022/2261)

MAUREEN THORNETT PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2007

Hospitality industry
DEPUTY PRESIDENT CROSS	SYDNEY, 29 AUGUST 2022

Application for termination of the Maureen Thornett Pty Ltd Employee Collective Agreement 2007

1. An application has been made to terminate the Maureen Thornett Pty Ltd Employee Collective Agreement 2007 (the Agreement). The application was made pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act). The Application has been made by Maureen Thornett Pty Ltd (the Applicant).

1. Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair  Work  Act  2009 (Cth) (the FW Act) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument, and that its nominal expiry date of 2012 has passed.

1. The Applicant has made a statutory declaration in support of their application, and it is noted  that  there  are  current  employees  that  are covered by the Agreement. Those employees were contacted by the Applicant on 17 June 2022 to ascertain their views and communicate information in respect of the effect of the termination of the Agreement. Three employees responded to this communication, and none made submissions in opposition to the termination.

1. On 21 July 2022, my Chambers received an amended Application, in the Form F28, and the following Directions were made:

1. Maureen Thornett Pty Ltd Trading As Royal Oak Hotel (Balmain) (the Employer) is to notify the employees covered by the MAUREEN THORNETT PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2007 (the Agreement) of the above application, and provide them with the attached documentation and these Directions, by 4:00pm on 22 July 2022.

2. The Employer, and any employee covered by the Agreement, who wishes to make any submission in relation to the Applicant’s application to terminate the Agreement pursuant to Schedule 3 Item 16 to the Fair Work Act 2009 (Cth) (the Application) is to email [Chambers email address] with their submissions, by 4:00pm on 28 July 2022.

1. On 22 July 2022, the Applicant complied with the above Direction 1, and has provided evidence of that communication to Chambers. No responses were received from any employee in response to Direction 2.

1. On the basis of the information provided to me in the Application, and as set out above, I am satisfied that each of the requirements of s.226 as are relevant to this Application for termination have been met.

1. The termination will come into effect on 12 September 2022.

DEPUTY PRESIDENT

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