Traditional Funerals Holdings Pty Ltd T/A Traditional Funerals

[2022] FWCA 3454

[2022] FWCA 3454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Traditional Funerals Holdings Pty Ltd T/A Traditional Funerals

(AG2022/3653)

Traditional Funerals Employee Collective Agreement 2009

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 7 OCTOBER 2022

Application for termination of the Traditional Funerals Employee Collective Agreement 2009

1. Traditional Funerals Holdings Pty Ltd T/A Traditional Funerals (the Applicant) has filed an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Traditional Funerals Employee Collective Agreement 2009 (the Agreement) after its nominal expiry date.

1. The Agreement is a single enterprise agreement and its nominal expiry date was in 2014.

1. Section 225 and 226 of the Act relevantly provides:

“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.”

“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.”

1. Ross Drummond from the Applicant filed a Form F24C Statutory Declaration in support of the application to terminate the Agreement. The Statutory Declaration included information indicating that the Agreement was an agreement designed to meet the employment needs of the business in 2009 and the business has evolved in the last 13 years and both the staff and business would be better served using a Modern Award.

1. Directions were issued on 13 September 2022 for the Applicant to serve a copy of the F24B Application on its employees as well as a copy of the F24C Statutory Declaration and Directions. 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 21 September 2022.

1. The Applicant confirmed by way of email on 27 September 2022 that it had served a copy of the Application, Statutory Declaration and Directions on its employees on 13 September 2022.

1. To date, no material has been received from any employees of the Applicant.

1. Taking into account the information provided in response to the matters in s.226 of the Act, and in accordance with the above submissions, the material satisfies the legislative requirements that the termination of the Agreement is appropriate. The termination will take effect from 9 October 2022.

1. 
   I Order accordingly.

COMMISSIONER

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<AC325691  PR746547>