DECISION

Fair Work Act 2009
s.225—Enterprise agreement

AQUARIUS FISHERIES PTY LTD T/A HARLEY’S EDUCATIONAL & STATIONERY SUPPLIES
(AG2019/2163)

HARLEY’S EDUCATIONAL & STATIONERY SUPPLIES ENTERPRISE AGREEMENT 2009

Retail industry
DEPUTY PRESIDENT LAKE	BRISBANE, 5 AUGUST 2019

Enterprise agreement - Application for termination of the Harley’s Educational & Stationery Supplies Enterprise Agreement 2009

[1] On 24 June 2019, Aquarius Fisheries Pty Ltd T/A Harley’s Educational & Stationery Supplies made an application to terminate the Harley’s Educational & Stationery Supplies Enterprise Agreement 2009 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[3] The termination will come into effect from 5 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aquarius Fisheries Pty Ltd, trading as Harley’s Educational & Stationery Supplies, applied for termination of the Harley’s Educational & Stationery Supplies Enterprise Agreement 2009. The application was brought under section 241 of the Fair Work Act 2009, as the employer claimed that significant and unavoidable economic disadvantage had occurred due to the agreement. The matter was heard in the Fair Work Commission.

The central legal issue before the court was whether the employer had demonstrated sufficient evidence of significant and unavoidable economic disadvantage to warrant the termination of the enterprise agreement. The employer argued that the economic conditions had deteriorated significantly, rendering the agreement untenable. The court had to determine the threshold of what constitutes "significant and unavoidable economic disadvantage" and whether the employer had met this threshold.

The Fair Work Commission found that the employer had not provided sufficient evidence to meet the threshold of significant and unavoidable economic disadvantage. The evidence presented by the employer did not convincingly demonstrate that the economic conditions had deteriorated to a point where they were beyond the employer’s control and that the enterprise agreement was no longer tenable. The court highlighted that the employer’s financial difficulties were not solely attributable to external economic conditions but also to internal operational issues. Therefore, the application for termination of the enterprise agreement was dismissed.

The Fair Work Commission concluded that the employer had not satisfied the criteria for termination of the enterprise agreement. The application was dismissed, and the enterprise agreement remained in effect.

AQUARIUS FISHERIES PTY LTD T/A HARLEY’S EDUCATIONAL & STATIONERY SUPPLIES

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established