Metcash Trading Limited T/A Australian Liquor Marketers

[2018] FWCA 7073

[2018] FWCA 7073

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

Metcash Trading Limited T/A Australian Liquor Marketers
(AG2018/6215)

AUSTRALIAN LIQUOR MARKETERS

Storage services
COMMISSIONER CAMBRIDGE	SYDNEY, 23 NOVEMBER 2018

Application for termination of the Australian Liquor Marketers Pty. Ltd. Mackay Agreement.

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act). The application identified that the matter involved the proposed termination of a collective agreement-based transitional instrument known as the Australian Liquor Marketers Pty. Ltd. Mackay Agreement (the Agreement).

[2] Consequently, by virtue of the operation of item 16 of Schedule 3 of the Transitional Act, the provisions of Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (the Act) are relevant to this application.

[3] The application was lodged on 7 November 2018 at Brisbane. The application was made by Metcash Trading Limited trading as Australian Liquor Marketers Pty Ltd (the employer).

[4] The application was listed for a Hearing in Chambers on 23 November 2018.

[5] The application included a Statutory Declaration of Scott William Davidson dated 7 November 2018, and made on behalf of the employer. This Statutory Declaration is referred to as the Declaration. The Declaration provided evidence in support of the application. On the basis of the evidence contained in the Declaration and the absence of any opposition to the application, I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the Declaration establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

[6] Consequently, I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

[7] In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 23 November 2018. An Order [PR702419] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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