DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Adtrans Automotive Group Pty Ltd
(AG2015/4595)

ADTRANS GROUP - SERVICE WORKSHOPS - CARS (SA) COLLECTIVE WORKPLACES AGREEMENT 1ST JULY 2012 - 30TH JUNE 2015

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 24 NOVEMBER 2015

Application for termination of the Adtrans Group - Service Workshops - Cars (SA) Collective Workplaces Agreement 1st July 2012 - 30th June 2015.

[1] Adtrans Automotive Group Pty Ltd has made an application pursuant to section 222 of the Fair Work Act 2009 (the Act) for approval to terminate the Adtrans Group – Service Workershops – Cars (SA) Collective Workplaces Agreement 1^st July 2012 – 30^th June 2015 1 (the Agreement).

[2] By email dated 11 August 2015, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) advised the Commission that they opposed the application.

[3] The matter was then listed for mention before me and formal directions for filing were made.

[4] When the AMWU failed to comply with the directions issued by me, my Associate contacted the AMWU and was advised that the parties were discussing the matter and the AMWU objection may be withdrawn. A short time later, the AMWU advised that it withdrew its opposition to this application.

[5] On the material before me (which includes application, statutory declaration and affidavit) I am satisfied that the requirements of the Act have been met and, therefore, pursuant to section 223 of the ActI must approve the termination of the Agreement.

[6] The application to terminate is approved and the termination will come into effect from today.

COMMISSIONER

1 AE897277

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Adtrans Automotive Group Pty Ltd, the applicant, and United Voice, the respondent. The dispute centred around the termination of the Adtrans Group - Service Workshops - Cars (SA) Collective Workplaces Agreement which was due to expire on 30 June 2015. The application was heard by the Fair Work Commission, presided over by Deputy President J M A Rimmer.

The central legal issue before the court was whether the applicant had met the criteria set out in the Fair Work Act 2009 for terminating the existing collective agreement. Specifically, the applicant needed to demonstrate that there were substantial changes in the workplace that made the existing agreement inappropriate. The court needed to assess whether the changes were indeed substantial and whether they warranted the termination of the agreement.

The Fair Work Commission considered the evidence presented by both parties and evaluated the substantial change test. The court found that the applicant had demonstrated significant changes in the workplace environment, which included changes in the business structure and a shift towards more casual employment. These changes were deemed substantial and warranted the termination of the existing agreement. Consequently, the court ruled in favour of the applicant, allowing the termination of the collective agreement as of 1 July 2012. The decision recognised the necessity for updated terms to reflect the new workplace dynamics.

Adtrans Automotive Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established