Police Bank Ltd t/a Bank of Heritage Isle

[2020] FWCA 1519

[2020] FWCA 1519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Police Bank Ltd t/a Bank of Heritage Isle
(AG2020/678)

HERITAGE ISLE CREDIT UNION LIMITED ENTERPRISE AGREEMENT 2016-2018

Banking finance and insurance industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 MARCH 2020

Application for termination of the Heritage Isle Credit Union Ltd Enterprise Agreement 2016-2018.

Background

[1] This decision concerns an application made by Police Bank Ltd t/a Bank of Heritage Isle for the termination of the Heritage Isle Credit Union Ltd Enterprise Agreement 2016-2018 (Agreement).

[2] This application is made under s.225 of the Fair Work Act 2009 (Act), which allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[3] Section 226 of the Act specifics the factors the Commission must consider when dealing with such an application:

“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.”

[4] The Applicant has provided in support of its application a statutory declaration from Mr Denis Fuelling, who is the interim General Manager of Human Resources for the Applicant.

[5] In his statutory declaration, Mr Fuelling explains that the Applicant no longer employs anyone covered by the Agreement. Further, Mr Fuelling submits that it is in the public interest to terminate the Agreement in order to reduce the risk of confusion to the public, and the Applicant’s current employees.

Consideration

[6] I am satisfied that termination of the Agreement is not contrary to the public interest.

[7] Taking into account Mr Fuelling’s submissions and accepting the Applicant’s statement that there are no employees covered by the Agreement, I consider that it is appropriate to terminate the Agreement in the circumstances before me.

[8] Accordingly, the Agreement is terminated and pursuant to s.227 of the Act, the termination is to take effect on and from the date of this decision.

DEPUTY PRESIDENT

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