Northern Territory Chamber of Commerce and Industry Incorporated T/A Chamber of Commerce Northern Territory

[2022] FWCA 2636

[2022] FWCA 2636

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 16 - Application  to terminate collective agreement-based transitional instrument

Northern Territory Chamber of Commerce and Industry Incorporated T/A Chamber of Commerce Northern Territory

(AG2022/3159)

CHAMBER OF COMMERCE NORTHERN TERRITORY EMPLOYEE COLLECTIVE AGREEMENT 2009

Northern Territory
COMMISSIONER RIORDAN	SYDNEY, 19 AUGUST 2022

Application for termination of the Chamber of Commerce Northern Territory Employee Collective Agreement 2009

1. On 28 July 2022, the Northern Territory Chamber of Commerce and Industry Incorporated T/A Chamber of Commerce Northern Territory (the Applicant) filed an application to terminate the Chamber of Commerce Northern Territory Employee Collective Agreement 2009 (the Agreement). The application was made pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act). The Agreement’s nominal expiry date was 29 June 2012.

1. A statutory declaration signed by Mr Gregory Ireland, Chief Executive Officer, was filed in support of the application.  

1. I conducted a telephone conference on 8 August 2022. On the notice of listing, it was requested that it be circulated to all employees with an invitation to attend and provide their views. Mr Ireland provided confirmation that the notice had been circulated to all affected employees.

1. Mr Ireland attended the telephone conference with the Respondent’s Principal Workplace Relations Advisor and the Chief Operating Officer. Further to a request by me, an employee representative also joined the conference by telephone. During the conference, it was confirmed that there had been extensive consultation regarding termination of the Agreement. No opposition from any employee was raised at the conference.

1. I note that there are no other employers or employee organisations party to the Agreement.

1. Item 16, Schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the FW Act applies to applications to terminate collective agreement-based transitional instruments which have passed their nominal expiry date.

1. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed. 

1. Subdivision D of Division 7 of Part 2-4 of the FW Act 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. Having regard to the requirements of s.226 of the FW Act and based on the material that is before me, including the statutory declaration of Mr Ireland and the views of the employees as provided at the telephone conference, I am satisfied that:

·   employees have been given an opportunity to be heard on the application;

·   no employee interests have appeared in opposition to the application;

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

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

1. In accordance with s.227 of the FW Act, the termination will take effect from 19 August 2022.

COMMISSIONER

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