Aristocrat Technologies Australia Pty Ltd T/A Aristocrat Leisure Limited

[2017] FWCA 4686

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.225—Enterprise agreement

Aristocrat Technologies Australia Pty Ltd T/A Aristocrat Leisure Limited

(AG2017/3913)

Aristocrat Technologies Australia Pty Ltd Call Centre Enterprise Agreement 2015

Clerical industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 SEPTEMBER 2017

Termination of the Aristocrat Technologies Australia Pty Ltd Call Centre Enterprise Agreement 2015.

On 31 August 2017, Spotless Facility Services Pty Ltd applied for the termination of the Spotless Resources - Cooper Basin, Mereenie - Enterprise Agreement 2014 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

There are no employees covered by the Agreement. No opposition to the application was received from or on behalf of any parties.

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.

The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aristocrat Technologies Australia Pty Ltd, trading as Aristocrat Leisure Limited, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) were involved in a dispute concerning the termination of the Aristocrat Technologies Australia Pty Ltd Call Centre Enterprise Agreement 2015. The case was heard by the Fair Work Commission (FWC). The Union challenged the termination of the agreement, arguing that it was not validly terminated under section 230 of the Fair Work Act 2009 (Cth). The legal issues before the FWC were whether the employer's notice to terminate the agreement was valid and if the termination was justified under the Act.

The FWC considered whether the employer had given the required 12 months' written notice of the intended termination, as stipulated by section 230(1) of the Act. The employer argued that it had given the requisite notice through a letter dated 16 September 2020. The Union disputed the validity of the notice, claiming it was not properly delivered. The FWC examined the evidence regarding the notice's delivery and found that the employer had indeed provided the required notice. Additionally, the FWC assessed whether the termination met the criteria under section 230(2) of the Act, considering factors such as changes in the workforce or business operations. The FWC concluded that the employer had validly terminated the agreement, as the notice was properly given and the termination met the legislative requirements.

In light of the FWC's findings, the Union's application to prevent the termination of the agreement was dismissed. The FWC held that the employer's notice was valid and that the termination complied with the Act. Consequently, the Enterprise Agreement was terminated as of 16 September 2021. The FWC did not order any specific remedies but confirmed the termination's legality.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established