Tour East Australia Pty Ltd T/A Tour East Australia

Case •

[2018] FWCA 6734

•

30 NOVEMBER 2018
[2018] FWCA 6734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Tour East Australia Pty Ltd T/A Tour East Australia

(AG2018/5979)

TOUR EAST AUSTRALIA ENTERPRISE AGREEMENT 2009

Tourism industry

COMMISSIONER CAMBRIDGE

SYDNEY, 30 NOVEMBER 2018

Application for termination of the Tour East Australia Enterprise Agreement 2009.

  1. This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to section 225 of the Fair Work Act 2009 (the Act). The application was made by Tour East Australia Pty Ltd t/as Tour East Australia (the employer), and it was lodged on 25 October 2018 at Sydney.

  1. The application identified that the matter involved the proposed termination of an enterprise agreement known as the Tour East Australia Enterprise Agreement 2009 (the Agreement).

  1. The application was listed for a Hearing in Chambers on 30 November 2018. The Commission has not been contacted by any party wishing to be heard in respect to the application.

  1. The application included a Statutory Declaration of Jeff Skinner, General Manager for the employer dated 2 July 2018. The statutory declarations state, inter alia, that: “The agreement is old and outdated.”

  1. In the absence of any opposition to the application. I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the application establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

  1. Consequently I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

  1. In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 30 November 2018. An Order [PR701935] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE877238  PR701934>

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