R2G Employment Pty Ltd T/A Inglewood Farms

[2020] FWCA 3037

[2020] FWCA 3037

FAIR WORK COMMISSION

DECISION

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

R2G Employment Pty Ltd T/A Inglewood Farms
(AG2020/910)

INGLEWOOD FARMS PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2009

Agricultural industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 JUNE 2020

Application for termination of the Inglewood Farms Pty Ltd Employee Collective Agreement 2009.

[1] R2G Employment Pty Ltd T/A Inglewood Farms (the Applicant) applies to terminate the Inglewood Farms Pty Ltd Employee Collective Agreement 2009 (the Agreement) under s.225 of the Fair Work Act 2009. The Applicant seeks to terminate the Agreement and revert to the Poultry Processing Award 2010, the Pastoral Award 2010 and the Manufacturing and Associated Industries Award 2010 (the Awards).

[2] I have considered each of the matters contained in s.226 of the Act, and I am satisfied that the Agreement should be terminated. I accept the evidence of Ms Katrina Hobbs, a Director of the Applicant, as set out in a Statutory Declaration filed in the Commission to the effect that employees covered by the Agreement have been consulted about the termination application and have agreed to the termination.

[3] I have also had regard to the fact that the Agreement was made in 2009 prior to the operation of the Awards and that the terms of the Agreement are less favourable than those in the Awards. The effect of the termination will be that the more favourable Awards will apply to employees to their benefit. Ms Hobbs has also declared that the employees have been informed that any benefit they currently enjoy which may be in excess of the relevant Award will be maintained.

[4] The termination will come into effect from 10 June 2020.

DEPUTY PRESIDENT

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