DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Byford Flour Mill Pty Ltd T/A Millers Foods
(AG2018/5477)

MILLERS FOODS EMPLOYEE COLLECTIVE AGREEMENT 2008

Agricultural industry
COMMISSIONER WILLIAMS	PERTH, 26 NOVEMBER 2018

Application for termination of the Millers Foods Employee Collective Agreement 2008.

[1] This decision concerns an application made by Byford Flour Mill Pty Ltd T/A Millers Foods (the Applicant) for the termination of the Millers Foods Employee Collective Agreement 2008 (the Agreement).

[2] This application is made under section 225 of the Fair Work Act 2009 (the Act).

[3] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[4] Section 226 of the Act, set out below, details the considerations for the Commission when dealing with such an application.

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[5] The Applicant has provided in support of its application a statutory declaration from Ms Michelle Corke (Ms Corke) who is the Support Services Manager of the Applicant.

[6] Ms Corke explains that the Agreement had a nominal expiry date of 5 December 2013 and that the Agreement’s terms and conditions are considerably less than the actual terms and conditions provided to employees currently.

[7] In addition Ms Corke has provided evidence from a tool box meeting that records the employees support the termination of the Agreement

[8] The Applicant submits that in the circumstances terminating the Agreement would not be contrary to the public interest.

Consideration

[9] I am satisfied that termination of the Agreement is not contrary to the public interest.

[10] Taking into account the views of the employer and the employees covered by the Agreement I do consider in the circumstances here that it is appropriate to terminate the Agreement.

[11] Accordingly, the Millers Foods Employee Collective Agreement 2008 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

Printed by authority of the Commonwealth Government Printer

Byford Flour Mill Pty Ltd, trading as Millers Foods, sought to terminate the Millers Foods Employee Collective Agreement 2008, which was in effect between the company and its employees. The application was heard by the Fair Work Commission (FWC), which is Australia's national workplace relations tribunal. The dispute centred on the validity and enforceability of the collective agreement, particularly in light of recent changes to the company's operations and workforce structure.

The legal issues before the FWC included whether the changes to the company's operations warranted a review of the collective agreement and whether the existing agreement was still suitable for the current workforce and operational context. The company argued that the collective agreement was no longer fit for purpose due to significant changes in the business, including shifts in the workforce and operational practices. The employees, on the other hand, contended that the agreement should remain in force as it provided essential protections and benefits.

The FWC examined the evidence presented by both parties and considered the broader implications of terminating the collective agreement. The tribunal found that the changes in the company's operations did not sufficiently justify a termination of the agreement. The FWC emphasised the importance of maintaining consistent and fair workplace practices and determined that the existing agreement continued to serve the needs of both the employer and the employees. Consequently, the application for termination was dismissed.

Byford Flour Mill Pty Ltd T/A Millers Foods

DECISION

Consideration

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established