OfficeMax Australia Limited

[2015] FWCA 7441

[2015] FWCA 7441

FAIR WORK COMMISSION

DECISION

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

OfficeMax Australia Limited
(AG2015/6433)

OFFICEMAX SOUTH AUSTRALIAN EMPLOYEE ENTERPRISE AGREEMENT 2011-2013

Storage services
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for termination of the OfficeMax South Australian Employee Enterprise Agreement 2011-2013.

[1] The Application to terminate this Agreement has been made by the employer covered by the Agreement, OfficeMax South Australian Employee Enterprise Agreement 2011-2013. The nominal expiry date of the Agreement was 16 September 2015.

[2] I am satisfied by the Statutory Declaration provided by the employer that there is no longer an operational Distribution Centre in South Australia. Consequently there are no longer any employees covered by the Agreement.

[3] There is no union covered by the Agreement and no employees whose views may be considered.

[4] 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:

• No employees are disadvantaged; and



• There is administrative efficiency for the employer which would be achieved by the termination of the Agreement; and



• The closure of the South Australian Distribution Centre means that it is unlikely that new employees will be engaged by the company to perform work covered by the Agreement and hence there is no disadvantage or undermining of collective bargaining; and



• 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.

[5] The termination shall operate from today’s date.

COMMISSIONER

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