The Trustee for the Sai Padma Family Trust T/A Oporto Carindale

[2022] FWCA 1895

[2022] FWCA 1895

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

The Trustee for the Sai Padma Family Trust T/A Oporto Carindale

(AG2022/1539)

Mahesh Business Pty Ltd and Mahendra Business Pty Ltd - Certified Agreement 2003-2006

Fast food industry
COMMISSIONER SIMPSON	BRISBANE, 10 JUNE 2022

Application for termination of the Mahesh Business Pty Ltd and Mahendra Business Pty Ltd Certified Agreement 2003-2006

1. On 20 May 2022, The Trustee for the Sai Padma Family Trust T/A Oporto Carindale (Oporto Carindale/the Applicant) filed an application to terminate the Mahesh Business Pty Ltd and Mahendra Business Pty Ltd Certified Agreement 2003-2006 (the Agreement). The application was made pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act).

1. Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (the FW Act) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

1. I listed the matter for a Directions Hearing on 1 June 2022. Directions were issued the same day for the Applicant to serve a copy of the F28 Application on its employees as well as a copy of the Statutory Declaration and Directions by close of business 3 June 2022. The Directions also provided that if any employee wished to be heard on the matter, they were to file any submissions and/or evidence in relation to the Application by close of business 8 June 2022.

1. The Employer served a copy of the Application, Statutory Declaration and Directions on its employees on 1 June 2022. As at the issuing of this decision, no employees have contacted my chambers.

1. The Applicant sent correspondence to my chambers on 1 June 2022 proposing that the termination of the Agreement take effect on 13 June 2022, to align with the weekly pay cycle.

1. In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

·   it is not contrary to the public interest to terminate the Agreement; and

·   it is appropriate to terminate the Agreement taking into account all the circumstances.

1. In accordance with s.227 of the FW Act, the termination will take effect from 13 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AG830956  PR742498>