T S Burstows Funerals Pty Ltd

[2015] FWCA 1356

[2015] FWCA 1356

FAIR WORK COMMISSION

DECISION

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

T S Burstows Funerals Pty Ltd
(AG2015/1899)

BURSTOWS COLLECTIVE AGREEMENT 2007-2009

Funeral directing
COMMISSIONER BOOTH	BRISBANE, 26 FEBRUARY 2015

Application for termination of the Burstows Collective Agreement 2007-2009.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act), however, the application is terminating a Collective agreement-based transitional instrument. Therefore Schedule 3 Item 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 applies to terminate the Burstows Collective Agreement 2007-2009 (the Agreement). The nominal expiry date of the Agreement was 27 November 2009.

[2] Schedule 3, Item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 states:

16 Collective agreement-based transitional instruments: termination by the FWC


(1) Subdivision D of Division 7 of Part 2-4 of the FW Act (which deals with termination of enterprise agreements after their nominal expiry date) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.


(2) For the purpose of the application of Subdivision D to an old IR agreement, the agreement’s nominal expiry date is taken to be the end of the period of the agreement.

[3] Subdivision C of Division 7 of the the Act sets out the specific requirements that must be met in relation to the termination of an enterprise agreement by employers and employees.

[4] Mr Paul Canavan, the Business Manager, provided a statutory declaration attesting to the employees concerns with the Agreement and confirmed in an email dated 20 February 2015 that any Individual Flexibility Arrangement (IFA) will meet the National Employment Standards and that the terms and conditions of each IFA will result in the employee being better off overall. Or the employee has the option of reverting to the Funeral Industry Award 2010.

[5] I am satisfied that the requirements of s.226 of the Act for the termination of an enterprise agreement after its nominal expiry date have been met.

[6] The termination of the Agreement is approved with effect from 26 February 2015.

COMMISSIONER

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