Specialty Packaging Group Pty Ltd

[2016] FWCA 1108

[2016] FWCA 1108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Specialty Packaging Group Pty Ltd
(AG2016/271)

CITY PAK SOMERTON ENTERPRISE AGREEMENT 2013

Graphic Arts
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 19 FEBRUARY 2016

Application for termination of the City Park Somerton Enterprise Agreement 2013.

[1] This decision follows an application made on 11 February 2016 by Speciality Packaging Group Pty Ltd (the applicant) under s.225 of the Fair Work Act 2009 (the Act) to terminate the City Pak Somerton Enterprise Agreement 2013 (AE403470) (the Agreement).

[2] The Agreement has a nominal expiry date of 1 February 2016.

[3] The Act says :

225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

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.


227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) by email of 11 February 2016 confirmed it did not object to the application.

[5] The matter was listed for hearing based on the material before the Commission. No party submitted contrary to the submissions of the applicant.

[6] I am satisfied the relevant sections of the Act are met such that I must terminate the Agreement. The termination will take effect from 19 February 2016.

DEPUTY PRESIDENT

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