Sime Darby Fleet Services Pty Ltd T/A Corefleet

[2016] FWCA 620

[2016] FWCA 620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Sime Darby Fleet Services Pty Ltd T/A Corefleet
(AG2015/6001)

SIME DARBY FLEET SERVICES PTY LTD (MAINTENANCE SERVICES) ENTERPRISE AGREEMENT 2012

Vehicle industry
COMMISSIONER WILLIAMS	PERTH, 29 JANUARY 2016

Application for termination of the Sime Darby Fleet Services Pty Ltd (Maintenance Services) Enterprise Agreement 2012.

[1] This decision concerns an application made by Sime Darby Fleet Services Pty Ltd T/A Corefleet (the applicant) for the termination of the Sime Darby Fleet Services Pty Ltd (Maintenance Services) Enterprise Agreement 2012 (the Agreement).

[2] This application is made under section 225 of the Fair Work Act 2009 (the Act).

[3] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[4] The nominal expiry date of the Agreement is 22 August 2015.

[5] Section 226 of the Act, set out below, details the considerations for the Commission 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.”

[6] Considering the statutory declaration of Ms Lisa Pritchard, HR Advisor of the applicant, and her confirmation at the hearing that copies of the application and notice of listing, which invited any employee objecting to the application to contact the Commission, were provided to all affected employees and noting that no employee has advised the Commission they object to the termination of the Agreement I am satisfied that termination of the Agreement is not contrary to the public interest and is appropriate in the circumstances.

[7] Accordingly, the Sime Darby Fleet Services Pty Ltd (Maintenance Services) Enterprise Agreement 2012 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

COMMISSIONER

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