MEGT (Australia) Ltd T/A MEGT

[2022] FWCA 300

[2022] FWCA 300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

MEGT (Australia) Ltd T/A MEGT

(AG2021/8525)

MEGT Staff Enterprise Agreement 2015-2018

Educational services
COMMISSIONER SIMPSON	BRISBANE, 2 FEBRUARY 2022

Application for termination of the MEGT Staff Enterprise Agreement 2015-2018

1. MEGT (Australia) Ltd T/A MEGT (the Applicant) has filed an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the MEGT Staff Enterprise Agreement 2015-2018 (the Agreement) after its nominal expiry date. The Agreement’s nominal expiry date was 30 June 2018.

1. Sections 225 and 226 of the Act relevantly provides:

“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.”

“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. Mr Scott Orpin from the Applicant filed a Form 24C Statutory Declaration in support of the application to terminate the Agreement. The Statutory Declaration included information indicating that the majority of employees supported the Application.

1. Directions were issued on 14 December 2021 for the Applicant to serve a copy of the F24B Application on its employees as well as a copy of the F24C Statutory Declaration and Directions. The Directions also provided that if any employee wished to be heard on the matter, they were to file any submissions and/or evidence in relation to the Application by 4:00pm on 22 December 2021.

1. The Applicant confirmed, by way of email on 23 December 2021, that it had served a copy of the Application, Statutory Declaration and Directions on its employees.

1. To date, no material has been received from any employees of the Applicant.

1. Taking into account the information provided in response to the matters in s.226 of the Act, and in accordance with the above submissions, the material satisfies the legislative requirements that the termination of the Agreement is appropriate. The termination will take effect from 4 February 2022.

1. I Order accordingly.

COMMISSIONER

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