Menzies International (Aust) Pty Ltd

[2018] FWCA 3527

[2018] FWCA 3527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Menzies International (Aust) Pty Ltd
(AG2018/57)

AWU / MENZIES CERTIFIED AGREEMENT (ACI SPOTSWOOD) 2009 - 2012

Cleaning services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 JUNE 2018

Termination of the AWU / Menzies Certified Agreement (ACI Spotswood) 2009 - 2012.

[1] On 5 January 2018, Menzies International (Aust) Pty Ltd (the applicant) applied for the termination of the AWU / Menzies Certified Agreement (ACI Spotswood) 2009 - 2012 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] On 25 January 2018, Mr Terry Garth, an employee covered by the Agreement, advised my chambers via his legal representative that he objected to this application unless his employment conditions under the Agreement were to be maintained, even if the Agreement were terminated.

[3] On 30 January 2018, The Australian Workers’ Union, an employee organisation covered by the Agreement, also advised my chambers that it opposed this application.

[4] On 6 February 2018, I held a telephone mention in relation to this application. I subsequently issued directions for the filing of written submissions and evidence, and listed the application for hearing on 28 March 2018.

[5] The applicant subsequently requested several adjournments of the hearing on the basis that all parties were in discussions to resolve the matter.

[6] On 13 June 2018, The Australian Workers’ Union advised my chambers that it no longer objected to this application.

[7] On 15 June 2018, Mr Garth’s legal representative advised my chambers that Mr Garth also no longer objected to this application.

[8] 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.

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

SENIOR DEPUTY PRESIDENT

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