Ms Maria Salagaras

[2019] FWC 8711

[2019] FWC 8711

FAIR WORK COMMISSION

DECISION

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

Ms Maria Salagaras
(AG2019/2600)

Miscellaneous
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 30 DECEMBER 2019

Application for termination of the iSentia Enterprise Agreement 2016 – standing – application dismissed.

[1] This is an application by Ms Maria Salagaras made under s.225 of the Fair Work Act 2009 (Act)for the termination of the iSentia Enterprise Agreement 2016 (Agreement).

[2] Section 225 of the Act provides who has standing to make an application to terminate an agreement after its nominal expiry date as follows:

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.

[3] It appears from the material provided to the Commission in support of the application Ms Salagaras is not, and was not, at the time the application was made, employed by iSentia Pty Ltd or covered by the Agreement. In the result Ms Salagaras does not have standing to bring the application.

[4] On 13 December 2019 Ms Salagaras was invited to provide submissions on the question of standing to make the application. No response was received. In the circumstances I have decided to determine the matter on the papers.

[5] On the basis of the material before me and for the reasons stated, Ms Salagaras does not have standing to apply to terminate the Agreement. It follows that the application is dismissed.

DEPUTY PRESIDENT

Determined on the papers

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