Nomads World Hotels T/A Nomads Esplanade
[2022] FWCA 986
•18 MARCH 2022
| [2022] FWCA 986 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date
Nomads World Hotels T/A Nomads Esplanade
(AG2021/9358)
Nomads Esplanade Employees' Enterprise Agreement 2009
| Hospitality industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 18 MARCH 2022 |
Application for termination of the NOMADS ESPLANADE EMPLOYEES' ENTERPRISE AGREEMENT 2009
An application has been made pursuant to s.225 of the Fair Work Act 2009 (Cth) (the Act) by Nomads World Hotels T/A Nomads Esplanade (the Applicant) for approval to terminate the NOMADS ESPLANADE EMPLOYEES' ENTERPRISE AGREEMENT 2009 (the Agreement). The nominal expiry date of the Agreement is 1 April 2014.
Sections 225 and 226 of the Act provide:
“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.”
Consideration
The Applicant is an employer covered by the Agreement and thus has standing to make the termination application. The Agreement has passed its nominal expiry date of 1 April 2014.
The Agreement does not cover any employee organisations. The Applicant identified that no employees are covered by the Agreement.
Determination
Based on the material accompanying the application and the information provided to the Commission, I am satisfied that the requirements of s.226 have been met, and that it is appropriate to terminate the Agreement. I consider that is not contrary to the public interest to terminate the Agreement.
Pursuant to s.226 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.
DEPUTY PRESIDENT
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