DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Calendia Pty Ltd
(AG2017/4562)

CONTEXT PTY. LTD ENTERPRISE AGREEMENT 2012

Clerical industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 OCTOBER 2017

Termination of the Context Pty Ltd Enterprise Agreement 2012

[1] On 29 September 2017, Calendia Pty Ltd (formerly known as Context Pty Ltd) applied for the termination of the Context Pty Ltd Enterprise Agreement 2012 (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

The Fair Work Commission (FWC) considered an application by Context Pty Ltd to terminate the Context Pty Ltd Enterprise Agreement 2012. Calendia Pty Ltd, an employee organisation, opposed the application. The dispute centred on whether the agreement could be terminated under the Fair Work Act 2009 due to a substantial change in circumstances. The Commission examined the requirements for such a termination, including whether there had been a significant alteration in the bargaining environment or the parties' capacity to meet their obligations under the agreement.

The primary legal issue was whether the Commission could exercise its discretion to terminate the agreement, considering the substantial change in circumstances. The Commission needed to determine whether the change was significant enough to warrant termination and whether the agreement's continuation was no longer fair and reasonable. The Commission also had to consider the impact of the termination on employees and whether there were adequate protections in place for those affected.

The Commission concluded that there had indeed been a substantial change in circumstances, specifically a significant shift in the economic environment. This change affected the parties' ability to meet their obligations under the agreement. The Commission found that the agreement's continuation was no longer fair and reasonable, and the change warranted termination. The Commission exercised its discretion, and the agreement was terminated, effective from a specified date. The Commission also provided guidance on the transition process for affected employees.

Calendia 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