Volona Nominees Pty Ltd ATF The Helen Maries Family Trust T/A Volona Group of Companies - Volona and Associates, Checkers Mens, Hair Therapy and Vivaldi for Hair

[2013] FWCA 7833

[2013] FWCA 7833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Volona Nominees Pty Ltd ATF The Helen Maries Family Trust T/A Volona Group of Companies - Volona and Associates, Checkers Mens, Hair Therapy and Vivaldi for Hair
(AG2013/9418)

SDA - VOLONA (GROUP OF COMPANIES) ENTERPRISE AGREEMENT 2007

Hair and Beauty
COMMISSIONER WILLIAMS	PERTH, 8 OCTOBER 2013

Application for termination of the SDA - Volona (Group of Companies) Enterprise Agreement 2007.

[1] This is an application, filed by Volona Nominees Pty Ltd (the applicant) pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and section 225 of the Fair Work Act 2009 (the Act) to terminate the SDA - Volona (Group of Companies) Enterprise Agreement 2007. Relevantly, the Agreement has passed its nominal expiry date.

[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 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.

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] The application was supported by submissions on behalf of the applicant and the Shop, Distributive and Allied Employees Association (the Union).

[4] The Union advises that a ballot of affected employees was conducted and of those who cast a formal vote 56 voted to terminate the Agreement and 48 voted not to terminate the Agreement, a further 27 voted informally.

[5] The applicant has given an undertaking to the Union and each affected employee that they will ensure, if the Agreement is terminated, that no one currently employed will be worse off. Their calculations indicate most employees will be marginally better off in term of pay under the relevant Award.

[6] Having considered the application and the parties submissions I am satisfied that it would not be contrary to the public interest to terminate the Agreement and that all of the requirements of the Act, in particular sections 225 and 226, have been met. Accordingly, the SDA - Volona (Group of Companies) Enterprise Agreement 2007 is terminated. Pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

COMMISSIONER

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