DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Brownes Foods Operations Pty Ltd
(AG2015/3853)

BROWNES FOODS OPERATIONS PTY LTD SECURITY OFFICERS AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 14 SEPTEMBER 2015

Application for termination of the Brownes Foods Operations Pty Ltd Security Officers Agreement 2014.

[1] On 6 July 2015 Brownes Foods Operations Pty Ltd (the Applicant) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act)to terminate the Brownes Foods Operations Pty Ltd Security Officers Agreement 2014 (the Agreement).

[2] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

[3] The application was supported by a statutory declaration from the Human Resources Director of the Applicant that declared, among other things, that the team covered by this agreement consisted of three employees, two of whom had been made redundant and the third who was moved to an alternative position. This remaining employee agreed to the termination of the agreement when they agreed to take the new position.

[4] Based on the material that is before the Commission including the statutory declaration provided by the Applicant, the Commission is satisfied that the requirements of s.223 of the Act have been met.

[5] In accordance with s.224 of the Act, the termination will come into effect today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Brownes Foods Operations Pty Ltd applied to terminate a Security Officers Agreement 2014. The application was heard in the Federal Circuit Court of Australia. The applicant sought to terminate the agreement, which established a roster for security officers, due to the respondent's failure to adhere to the terms outlined in the agreement.

The central issue for the court was whether the respondent had breached the agreement by failing to comply with its terms. Specifically, the court had to determine if there was a valid basis for terminating the agreement, considering the circumstances and conduct of the parties involved.

The court reviewed the provisions of the Security Officers Agreement 2014 and examined the evidence presented regarding the respondent's compliance with the agreement. It concluded that the respondent had indeed breached the agreement by not adhering to its terms. Consequently, the court found that there was a valid basis for terminating the agreement. The court granted the applicant's application for termination, thereby ending the agreement between the parties.

The court ordered the termination of the Security Officers Agreement 2014 with immediate effect, reflecting its findings that the respondent had breached the agreement. This decision resolved the dispute and provided clarity on the parties' rights and obligations moving forward.

Brownes Foods Operations 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