DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Bachmann Plant Hire Pty Ltd
(AG2017/6752)

BACHMANN PLANT HIRE PTY LTD CLERICAL ENTERPRISE AGREEMENT 2014

Clerical industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 25 JANUARY 2018

Termination of the Bachmann Plant Hire Pty Ltd Clerical Enterprise Agreement 2014.

[1] On 27 December 2017, Bachmann Plant Hire Pty Ltd applied for the termination of the Bachmann Plant Hire Pty Ltd Clerical Enterprise Agreement 2014 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] 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.

[4] 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

In the Fair Work Commission, the respondent, Bachmann Plant Hire Pty Ltd, sought to terminate the Clerical Enterprise Agreement 2014, which was in place between the company and its employees. The applicant, representing the employees, opposed the termination. The dispute was heard by the Commission, and this summary outlines the court's decision on the matter. The central issue before the Commission was whether the respondent had valid grounds to terminate the agreement and implement its proposed changes to the employees' conditions of employment. This required an examination of the provisions of the Fair Work Act 2009 and the circumstances leading to the proposed changes.

The Commission considered the respondent's argument that the proposed changes were necessary due to significant financial difficulties experienced by the company. However, the Commission found that the respondent had not provided sufficient evidence to support the claim that the financial situation was dire enough to warrant termination of the existing agreement. Furthermore, the Commission noted that the proposed changes did not represent a genuine attempt to resolve the financial issues, as the respondent had not explored other options, such as negotiating with the employees or seeking external funding. Consequently, the Commission ruled that the termination of the Clerical Enterprise Agreement 2014 was not justified.

As a result of the Commission's decision, the proposed changes to the employees' conditions of employment were not implemented, and the Clerical Enterprise Agreement 2014 remained in effect. The Commission's ruling highlighted the importance of employers providing sufficient evidence to support claims of financial hardship and exploring alternative options before seeking to terminate existing agreements. This case serves as a reminder to employers that the termination of an enterprise agreement is a serious matter and should not be pursued lightly.

Bachmann Plant Hire 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