YHA Ltd
[2022] FWCA 2447
•26 JULY 2022
| [2022] FWCA 2447 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
YHA Ltd
(AG2022/2277)
YHA Ltd Enterprise Agreement 2015
| Hospitality industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 26 JULY 2022 |
Application for termination of the YHA Ltd Enterprise Agreement 2015
An application has been made pursuant to s.225 of the Fair Work Act 2009 (Cth) (the Act) by YHA Ltd (the Applicant) for approval to terminate the YHA Ltd Enterprise Agreement 2015 (the Agreement). The nominal expiry date of the Agreement is 8 March 2019.
Sections 225 and 226 of the Act provide:
“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.”
Consideration
The Applicant is an employer covered by the Agreement and thus has standing to make the termination application. The Agreement has passed its nominal expiry date of 8 March 2019.
The Agreement does not cover any employee organisations.
Employees covered by the Agreement were invited to provide their views on the application to terminate the Agreement to my Chambers. No such views were received. The materials filed demonstrate that employees were consulted in relation to the proposal to terminate the Agreement and transition to the Hospitality Industry (General) Award 2020, and that employees will not be negatively impacted by the termination of the Agreement.
Determination
Based on the material accompanying the application and the information provided to the Commission, I am satisfied that the requirements of s.226 have been met, and that it is appropriate to terminate the Agreement. I consider that is not contrary to the public interest to terminate the Agreement.
Pursuant to s.226 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.
DEPUTY PRESIDENT
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