Zarraffa's Personnel Services Pty Ltd

[2013] FWCA 1909

[2013] FWCA 1909

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Zarraffa's Personnel Services Pty Ltd
(AG2013/5714)

ZARRAFFA'S COFFEE COLLECTIVE AGREEMENT 2008

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 28 MARCH 2013

Application for termination of the Zarraffa's Coffee Collective Agreement 2008 .

[1] On 21 March 2013, Zarraffa's Personnel Services Pty Ltd (the Applicant) lodged an application pursuant to Schedule 3 item 16 of the Fair Work (Transitional Provisions & Consequential Amendments) Act 2009 (the Transitional Act), to terminate Zarraffa's Coffee Collective Agreement 2008 (the Agreement).

[2] Schedule 3 item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) provides that Subdivision D of Division 7 of Part 2-4 of the Act applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[3] The Agreement is a collective agreement-based transitional instrument and its nominal expiry date was 20 March 2013.

[4] The relevant provisions of the Act are 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 FWA 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 FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the agreement if:

(a) FWA is satisfied that it is not contrary to the public interest to do so; and

(b) FWA 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.”

[5] An email was provided by Ms Corinne Marchant, Staff Representative on behalf of the employees of Zarraffas Coffee Pty Ltd providing information in relation to s.226(b)(i) and (ii).

[6] I am satisfied that it is not contrary to the public interest to terminate the agreement and that termination of the agreement is appropriate having regard to the circumstances of the employees and employer.

[7] The Agreement shall be terminated pursuant to section 226 of the Act. In accordance with section 227 of the Act, the termination of the agreement shall operate from 28 March 2013.

COMMISSIONER

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