The Swan Brewery Company Pty Ltd T/A The Swan Brewery Co

[2013] FWCA 4531

[2013] FWCA 4531

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

The Swan Brewery Company Pty Ltd T/A The Swan Brewery Co
(AG2013/942)

Food, beverages and tobacco manufacturing industry
COMMISSIONER CLOGHAN	PERTH, 31 JULY 2013

Correcting paragraph [32].

[1] The Decision and Reasons for Decision issued by the Fair Work Commission on 9 July 2013 [2013] FWCA 4531 is corrected by deleting paragraph [32] and inserting in lieu:

“[32] In the circumstances of this application, I do not consider it necessary to detail the many authorities relating to “public interest”. In short form, “the public interest is a broad concept and embraces considerations beyond the interests of the immediate parties before the Commission” 1. The circumstances of this application are such that the inherent considerations would be of limited, if any, beyond the immediate parties. For this reason, I am satisfied that it is not contrary to the public interest to terminate the 2009 Agreement.”

COMMISSIONER

 1   S0542 Decision of Boulton J in Mt Thorley.

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