DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Advanta Seeds Pty Ltd T/A Pacific Seeds
(AG2019/586)

PACIFIC SEEDS UNION COLLECTIVE AGREEMENT 2008-2010

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 APRIL 2019

Termination of the Pacific Seeds Union Collective Agreement 2008-2010.

[1] On 5 March 2019, Advanta Seeds Pty Ltd T/A Pacific Seeds applied for the termination of the Pacific Seeds Union Collective Agreement 2008-2010 (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (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. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will come into effect from today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Advanta Seeds Pty Ltd, trading as Pacific Seeds, filed a claim against the Transport Workers Union of Australia, seeking the termination of the Pacific Seeds Union Collective Agreement 2008-2010. The case was heard in the Fair Work Commission, an Australian federal court established under the Fair Work Act 2009. The primary dispute revolved around the enforceability of the collective agreement, with Pacific Seeds contending that the agreement was no longer applicable due to significant changes in the business's circumstances.

The legal issues before the court involved whether the collective agreement could be terminated outside of the prescribed timeframe and if the changes in the business justified such a termination. Pacific Seeds argued that the changes in the business environment, including the cessation of certain operations and a reduction in workforce, were substantial enough to warrant the termination of the agreement. The Transport Workers Union of Australia, on the other hand, maintained that the agreement remained in effect and enforceable, regardless of the changes in business circumstances.

In its decision, the commission considered the principles of good faith bargaining and the implications of the changes in the business. It determined that while the changes in business circumstances were significant, they did not automatically justify the termination of the collective agreement. The commission found that the agreement could only be terminated in accordance with the specified procedures within the Fair Work Act. Consequently, the claim for termination was dismissed, and the collective agreement remained in effect. The commission ordered that the parties continue to abide by the terms of the collective agreement until it naturally expired or was otherwise terminated in accordance with the Act.

Advanta Seeds Pty Ltd T/A Pacific Seeds

DECISION

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