Metcash Trading Limited (the holding company of Independent Hardware Group and Mitre10 Australia Pty Ltd) T/A Metcash Trading Limited

[2020] FWCA 5906

[2020] FWCA 5906

FAIR WORK COMMISSION

DECISION

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

Metcash Trading Limited (the holding company of Independent Hardware Group and Mitre10 Australia Pty Ltd) T/A Metcash Trading Limited
(AG2020/3316)

INDEPENDENT HARDWARE GROUP NEW SOUTH WALES DISTRIBUTION CENTRE EMPLOYEES ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER CAMBRIDGE	SYDNEY, 13 NOVEMBER 2020

Application for termination of the Independent Hardware Group New South Wales Distribution Centre Employees Enterprise Agreement 2017.

[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 section 225 of the Fair Work Act 2009 (the Act). The application identified that the matter involved the proposed termination of an enterprise agreement known as the Independent Hardware Group New South Wales Distribution Centre Employees Enterprise Agreement 2017 (the Agreement).

[2] The application was lodged on 3 November 2020 at Sydney. The application was made by Metcash Trading Limited (the holding company of Independent Hardware Group and Mitre10 Australia Pty Ltd) (the employer).

[3] The application was listed for a Hearing in Chambers on 13 November 2020. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[4] The application included the Declaration of Scott William Davidson,Senior Industrial Relations Manager of the employer dated 3 November 2020 (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.

[5] 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.

[6] In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 13 November 2020. An Order [PR724267] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE426319  PR724265>