The Laminex Group T/A Laminex Group Pty Ltd

[2020] FWCA 4861

[2020] FWCA 4861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

The Laminex Group T/A Laminex Group Pty Ltd
(AG2020/2675)

LAMINEX SHEPPARTON BRANCH AGREEMENT 2016

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 SEPTEMBER 2020

Application for termination of the Laminex Shepparton Branch Agreement 2016.

[1] The Laminex Group T/A Laminex Group Pty Ltd (the Applicant) has applied, pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the Laminex Shepparton Branch Agreement 2016 1 (the Agreement). The Agreement has passed its nominal expiry date of 1 October 2019 and the Applicant is the employer covered by the Agreement.

[2] Section 225 of the Act provides as follows:

“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.”

[3] Section 225 of the Act provides as follows:

“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.”

[4] There is no employee organisation covered by the Agreement.

[5] The statutory declaration of Mr Johnny Koutrigaros filed with the Application states that there are no employees covered by the Agreement. It provides that as a result of a business restructure the site where this Agreement applied was closed on 4 September 2020 and all employees covered by the Agreement made redundant, with the last employee engaged under the Agreement terminated on 4 September 2020.

[6] Based on the material contained in the statutory declaration filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in s.226(b)(i) and (ii), I consider that it is appropriate to terminate the Agreement.

[7] The termination is effective from today.

COMMISSIONER

 1   AE422386

Printed by authority of the Commonwealth Government Printer

<AE422386  PR722675>