Montego Nominees Pty Ltd ATF The Southern’s Water Technology Trust

[2020] FWCA 1305

[2020] FWCA 1305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Montego Nominees Pty Ltd ATF The Southern’s Water Technology Trust
(AG2020/534)

SOUTHERN IRRIGATION AND PUMPING PTY LTD COLLECTIVE AGREEMENT

Retail industry
COMMISSIONER WILLIAMS	PERTH, 12 MARCH 2020

Application for termination of the Southern Irrigation and Pumping Pty Ltd Collective Agreement.

[1] This decision concerns an application made by Montego Nominees Pty Ltd ATF The Southern’s Water Technology Trust (the Applicant) for the termination of the Southern Irrigation and Pumping Pty Ltd Collective Agreement (the Agreement).

[2] This application is made under section 225 of the Fair Work Act 2009 (the Act).

[3] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[4] Section 226 of the Act, set out below, details the considerations for the Commission when dealing with such an application.

“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.”

[5] The Applicant has provided in support of its application a statutory declaration from Mr Tim Sevenson (Mr Sevenson), the Director of the Applicant.

[6] Mr Sevenson explains that the Agreement has a nominal expiry date some six years ago and the instrument only covers a portion of staff and terminating the Agreement will bring conditions in line with the applicable modern awards.

Consideration

[7] I am satisfied that termination of the Agreement is not contrary to the public interest.

[8] Taking into account the views of the employer and accepting the Applicant’s statement that employees will be better off overall being covered by the award, I do consider in the circumstances here that it is appropriate to terminate the Agreement.

[9] Accordingly, the Southern Irrigation and Pumping Pty Ltd Collective Agreement is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

Printed by authority of the Commonwealth Government Printer

<AC324162  PR717398>