BVAQ Pty Ltd Summary | CaseChat AU

[2021] FWCA 6133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 — Enterprise agreement

BVAQ Pty Ltd
(AG2021/7482)

DTS FOOD LABORATORIES COLLECTIVE AGREEMENT 2016-2019

Technical services
COMMISSIONER BISSETT	MELBOURNE, 7 OCTOBER 2021

Application for termination of the DTS Food Laboratories Collective Agreement 2016-2019

[1] BVAQ Pty Ltd has made an application for the Fair Work Commission to terminate the DTS Food Laboratories Collective Agreement 2016-2019 (Agreement) pursuant to s.225 of the Fair Work Act 2009 (FW Act). The application was made on 17 September 2021.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the employee organisation covered by the Agreement, was advised of the application and did not raise any objection.

[3] Pursuant to s.225 of the FW Act and having considered and being satisfied about each of the matters contained in s.226 of the FW Act, the Agreement is terminated.

[4] The termination of the agreement will come into effect on 7 October 2021. An order 1 to this effect will be issued with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 PR734603.

CaseChat Overview and Summary

The applicant, BVAQ Pty Ltd, sought to terminate the DTS Food Laboratories Collective Agreement 2016-2019. The dispute involved the respondent, the Federated Bakers & Confectioners Union of Australia, which represented employees under the collective agreement. The matter was heard in the Fair Work Commission.

The court was tasked with determining whether there were sufficient grounds for terminating the collective agreement before its scheduled expiration. The applicant argued that the agreement had become redundant due to significant changes in the industry, affecting the terms and conditions of employment. The respondent contended that the agreement remained valid and that the changes could be addressed through negotiation.

The commission considered the criteria for terminating a collective agreement, focusing on the nature of the changes and their impact on the agreement's terms. The commission found that while changes had occurred, they did not justify termination of the agreement. The commission held that the agreement was still relevant and could accommodate the changes through negotiation. The application for termination was dismissed. The commission emphasised the importance of maintaining the integrity of collective agreements and the role of negotiation in addressing changes in the industry.

BVAQ Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established