Shop, Distributive and Allied Employees Association ITSA ENTEPRISE AGREEMENT 2009

[2017] FWCA 6017

[2017] FWCA 6017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Shop, Distributive and Allied Employees Association
ITSA ENTEPRISE AGREEMENT 2009
(AG2017/1315)

Educational services
COMMISSIONER BISSETT	MELBOURNE, 22 NOVEMBER 2017

Application for termination of the ITSA Enterprise Agreement 2009.

[1] On 12 April 2017 the Shop, Distributive and Allied Employees Association (SDA) made an application to terminate the ITSA Employee Enterprise Agreement 2009 (the Agreement) under s.225 of the Fair Work Act 2009 (the FW Act).

[2] On receipt of the application I sought the views of Illawarra TAFE Student Association Inc (ITSA, the employer) and asked that it seek the views of employees.

[3] Further, I encouraged the SDA and ITSA to have further discussions in an effort to resolve any issues that might result in the application to terminate the Agreement being withdrawn. Unfortunately those discussions between the parties did not resolve any issues.

[4] The ITSA was directed to file submissions in opposition to the application by 13 November 2017. No submissions in opposition were filed and on 13 November 2017 ITSA advised that it no longer opposed the termination of the Agreement. ITSA further stated that it would “honour the current levels of remuneration for employees covered by the Agreement”. ITSA had previously advised that it was paying rates well in excess of those specified in the Agreement (previously advised in correspondence of 13 June 2017).

[5] The SDA did not seek to make any further submissions beyond those made in writing on 31 October 2017.

[6] In these circumstances pursuant to s.225 of the FW Act and having considered and being satisfied as to each of the matters contained in s.226 of the FW Act, the Agreement is therefore terminated.

[7] The termination will come into effect from 22 November 2017.

COMMISSIONER

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