New Way Agencies Pty Ltd T/A New Way Agencies

[2022] FWCA 3780

[2022] FWCA 3780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

New Way Agencies Pty Ltd T/A New Way Agencies

(AG2022/4267)

New Way Agencies Pty Ltd Collective Agreement 2009 - 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 4 NOVEMBER 2022

Application for termination of the New Way Agencies Pty Ltd Collective Agreement 2009-2013

1. New Way Agencies Pty Ltd T/A New Way Agencies (the Applicant) has filed an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the New Way Agencies Pty Ltd Collective Agreement 2009-2013 (the Agreement) after its nominal expiry date.

1. The Agreement is a single enterprise agreement and its nominal expiry date was 10 January 2014.

1. Section 225 and 226 of the Act relevantly provides:

“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.”

“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.”

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.”

1. A statutory declaration of Karen Morales, declared on 10 October 2022 was filed in the Fair Work Commission with the application. The Commission sought clarification from the Applicant regarding some of the answer provided in the F24B and F24C. Ms Michele Cohen from the Applicant confirmed that there was only 1 employer covered by the Agreement and no employees.

1. On the basis of the material before me, I am satisfied that it is not contrary to the public interest to terminate the Agreement and that termination of the Agreement is appropriate having regard to the circumstances.

1. I, therefore, determine that the Agreement shall be terminated pursuant to s.226 of the Act. In accordance with s.227 of the Act, the termination of the agreement shall operate from 4 November 2022.

COMMISSIONER

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