Travel.com.au Limited t/as Wotif Group

[2014] FWCA 5253

[2014] FWCA 5253

FAIR WORK COMMISSION

DECISION

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

Travel.com.au Limited t/as Wotif Group
(AG2014/1884)

TRAVEL.COM.AU LIMITED EMPLOYEE (TRAVEL EXPERTS) ENTERPRISE AGREEMENT 2009

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 4 AUGUST 2014

Application for termination of the Travel.com.au Limited Employee (Travel Experts) Enterprise Agreement 2009.

[1] This is an application filed by Travel.com.au Limited t/as Wotif Group (the ‘applicant’) pursuant to Sch 3, Item 16 of the Fair Work Transitional Provisions and Consequential Amendments Act 2009 (the ‘Transitional Act’) and s 225 of the Fair Work Act 2009 (the ‘Act’) to terminate the Travel.com.au Limited Employee (Travel Experts) Enterprise Agreement 2009. Relevantly, the Agreement has passed its nominal expiry date, 2 February 2014.

[2] The relevant provisions of the Act governing this application are set out 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 employees 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 is:

(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.

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.’

[3] In a statutory declaration accompanying the application, Ms M Leahy, Executive General Manager - People and Culture, explained that the applicant had not employed any employees that would be covered by the Agreement since 2013. It previously covered a total of four employees. The work performed by those employees was now undertaken by contractors and the applicant does not intend to engage any employees in the near future to undertake that work. Accordingly, Ms Leahy submitted that the termination of the Agreement could have no impact on any employee employed by the applicant and that the termination of the Agreement would not be contrary to the public interest.

[4] Having considered the applicant’s submissions and upon reviewing the application, I am satisfied that all of the requirements of the Act, in particular ss 225 to 227, have been met. In particular, I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Accordingly, the Travel.com.au Limited Employee (Travel Experts) Enterprise Agreement 2009 is terminated. Pursuant to s 227 of the Act, the termination is to take effect on and from 4 August 2014.

DEPUTY PRESIDENT

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<Price code A, AC327167  PR553857>