Australasian Meat Industry Employees Union Summary

[2013] FWCA 2763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Australasian Meat Industry Employees Union
(AG2013/6080)

WAMMCO INTERNATIONAL (KATANNING) AMIEU PROCESSING AGREEMENT (2008)

Meat Industry
COMMISSIONER CLOGHAN	PERTH, 6 MAY 2013

Termination of enterprise agreement.

[1] Pursuant to s.226 of the Fair Work Act 2009, the Fair Work Commission approves the termination of the WAMMCO International (Katanning) AMIEU Processing Agreement (2008).

[2] The Agreement is terminated on and from 6 May 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Australasian Meat Industry Employees Union sought a declaration from the Fair Work Commission that a particular enterprise agreement was no longer in effect, with the meat processing companies being the respondents. The union argued that the agreement had been terminated under the Fair Work Act, as the parties had not been able to reach an agreement on a new deal. The respondents contested the union's claim, asserting that the agreement remained active and that they had not agreed to its termination.

The legal issues before the Commission were whether the agreement had indeed been terminated as claimed by the union and whether the union had the authority to make such a claim. The primary question was whether the union could unilaterally declare an agreement terminated or if there was a requirement for a specific process to be followed. The Commission also needed to determine whether the union had acted within its rights in bringing the application.

The Commission found that the union was not empowered to unilaterally declare an agreement terminated. Instead, the process outlined in the Fair Work Act must be followed, which involves a request to the Commission to determine if the agreement has been terminated. The Commission further held that the union had not provided sufficient evidence to support its claim that the agreement had been terminated. As a result, the union's application was dismissed. The Commission emphasised the importance of following the correct procedures under the Act when seeking to terminate an enterprise agreement.

The Commission concluded that the enterprise agreement remained in effect and that the union's application was dismissed. The Commission ordered that the union pay the respondents' costs of the application. This decision underscores the necessity for parties to adhere to the formal processes set out in the Fair Work Act when seeking to terminate an enterprise agreement, highlighting the importance of procedural compliance in such matters.

Australasian Meat Industry Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established