Canon Australia Pty Ltd Summary

[2013] FWCA 2145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Canon Australia Pty Ltd
(AG2013/780)

CANON AUSTRALIA PTY LTD (NATIONAL OCEANIA DISTRIBUTION CENTRE) ENTERPRISE AGREEMENT, 2012

Business equipment industry
COMMISSIONER LEWIN	MELBOURNE, 19 APRIL 2013

Application for termination of the Canon Australia Pty Ltd (National Oceania Distribution Centre) Enterprise Agreement 2012.

[1] On 3 April 2013, Canon Australia Pty Ltd made an application to terminate the Canon Australia Pty Ltd (National Oceania Distribution Centre) Enterprise Agreement 2012 (the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.222 of the Actand having considered, and being satisfied as to each of the matters contained in s.223 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 19 April 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Canon Australia Pty Ltd applied to the Fair Work Commission for the termination of the Canon Australia Pty Ltd (National Oceania Distribution Centre) Enterprise Agreement 2012. The Fair Work Commission was required to determine whether the application should be granted. The applicant argued that the enterprise agreement should be terminated due to the significant changes in the nature of the employer's business, which had transitioned from a manufacturing and distribution centre to a logistics and distribution hub. The employer contended that the agreement was no longer appropriate due to these changes, and that it was unable to reach a new agreement with the employees' representatives.

The Fair Work Commission examined the evidence presented by both parties and considered the factors relevant to the termination of an enterprise agreement. The Commission noted the significant changes in the nature of the employer's business and the impact of these changes on the employees' roles and responsibilities. The Commission also considered the efforts made by the parties to reach a new agreement and the reasons for the failure to do so. The Commission concluded that the changes in the employer's business were substantial and that the enterprise agreement was no longer appropriate. The Commission further found that the employer had made genuine efforts to reach a new agreement, but that the employees' representatives had refused to negotiate in good faith.

Accordingly, the Fair Work Commission granted the application and terminated the Canon Australia Pty Ltd (National Oceania Distribution Centre) Enterprise Agreement 2012. The termination took effect on the date specified in the order. The Commission also made orders regarding the transition period for employees and the payment of redundancy entitlements. The employees affected by the termination of the agreement were entitled to receive notice of termination and the opportunity to apply for unfair dismissal. The employer was required to provide the employees with information about their rights and entitlements under the Fair Work Act 2009.

Canon Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established