Sunripe Pty Ltd

[2021] FWCA 5097

[2021] FWCA 5097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Sunripe Pty Ltd
(AG2021/5719)

SADEAN PTY LTD ENTERPRISE AGREEMENT 2009

Agricultural industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 AUGUST 2021

Application for termination of the Sadean Pty Ltd Enterprise Agreement 2009.

[1] Sunripe Pty Ltd applies to terminate the Sadean Pty Ltd Enterprise Agreement 2009 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The Applicant seeks to terminate the Agreement and revert to the Horticulture Award 2020 (the Award).

[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 Samara De Paoli, Administration Manager of the Applicant, as set out in a Statutory Declaration filed in the Commission that the Agreement nominally expired over seven years ago and does not contain a number of provisions found in the Award.

[3] In particular I have had regard to the fact that the Agreement was made in 2009 prior to the operation of the Horticulture Award 2010. I have also had regard to the fact that the Agreement terms are less favourable than those in the Award and that if the Agreement is terminated the Award will apply to the benefit of employees.

[4] The termination will come into effect from 20 August 2021.

DEPUTY PRESIDENT

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