Ngena Holdings Pty Ltd ATF Livesey Family Trading Trust T/A Gloria Jean's Coffee Stafford

[2016] FWCA 5207

[2016] FWCA 5207

FAIR WORK COMMISSION

DECISION

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

Ngena Holdings Pty Ltd ATF Livesey Family Trading Trust T/A Gloria Jean's Coffee Stafford
(AG2016/4762)

GLORIA JEAN'S STAFFORD ENTERPRISE AGREEMENT 2009

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 AUGUST 2016

Application for termination of the Gloria Jean's Stafford Enterprise Agreement 2009.

[1] On 28 July 2016 Ngena Holdings Pty Ltd ATF Livesey Family Trading Trust T/A Gloria Jean's Coffee Stafford, filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the June 2010 Australian Fair Work Act 2009 Dynamic Door Service Single Enterprise Agreement 2010 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed. The employer filed a statutory declaration as a supporting document to the application to demonstrate there were no longer any employees under the Agreement.

[3] In having regard to the requirements of s.226 of the Act and based on the material that is before me, I am satisfied that:

● it is not contrary to the public interest to terminate the Agreement; and

● taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

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