TEC Optik Pty Ltd Enterprise Agreement 2006

[2010] FWA 6973

[2010] FWA 6973

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
S.225 Application for termination of an enterprise agreement

TEC Optik Pty Ltd Enterprise Agreement 2006
(AG2010/14079)

COMMISSIONER CAMBRIDGE SYDNEY, 7 SEPTEMBER 2010

Enterprise agreement - application for termination of enterprise agreement after nominal expiry date - ss. 225 and 226 of Fair Work Act - evidentiary basis established for termination - application granted - enterprise agreement terminated.

[1] This matter involves an application for termination of an enterprise agreement made pursuant to section 225 of the Fair Work Act 2009, (the Act). The application was lodged at Sydney on 27 August 2010. The application was made by Optical Supply of Australia Pty Ltd (the employer).

[2] The application indicated that the name of the enterprise agreement that was sought to be terminated was the TEC Optik Pty Ltd Enterprise Agreement 2006 [Agreement ID: AG848000] (the agreement). The application indicated that the nominal expiry date of the agreement was 31 March 2009.

[3] Unfortunately the application did not include any evidentiary material upon which Fair Work Australia (FWA) could properly make the considerations required by section 226 of the Act. The matter was listed for Mention and Directions proceedings before FWA scheduled for 13 September 2010.

[4] Prior to the scheduled proceedings, FWA has received two Statutory Declarations both dated 3 September 2010. One of these Statutory Declarations has been made by Ian Hemmings, the employer's Human Resources Director, and the other Statutory Declaration has been made by Matthew Davis an employee of the employer acting on behalf of other employees of the employer. These two Statutory Declarations are referred to as “the Declarations.”

[5] The Declarations have provided an outline of the history associated with the making of the agreement and the impacts anticipated by the proposed termination of the agreement. On the basis of the material provided in the Declarations I am satisfied that it would not be contrary to the public interest to terminate the agreement. Further on the basis of the material contained in the Declarations I believe that it would be appropriate to terminate the agreement taking into account the views of the employees, as conveyed on their behalf by Matthew Davis, and in particular having regard for the likely effect that the termination of the agreement will have on each of the employees.

[6] Consequently the evidentiary requirements established under s.226 of the Act have been satisfied and therefore I am prepared to grant the application and terminate the agreement.

[7] In accordance with s.227 of the Act the termination of the agreement will operate from today, 7 September 2010. Accordingly the proceedings scheduled for 13 September 2010 are cancelled and the matter is concluded. An Order [PN501442] giving effect to the termination of the agreement is to be issued separate to this Decision.

COMMISSIONER

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