Cheetham Salt Limited Summary

PR556008

ORDER

Fair Work Act 2009

s.222—Enterprise agreement

Cheetham Salt Limited

(AG2014/7329)

CHEETHAM SALT LIMITED - CORIO, MOOLAP & LARA -

ENTERPRISE AGREEMENT 2011

Salt industry

COMMISSIONER LEWIN

MELBOURNE, 29 SEPTEMBER 2014

Application for termination of the Cheetham Salt Limited - Corio, Moolap & Lara - Enterprise Agreement 2011 - application for termination of the enterprise agreement approved.

[1] For the reasons given in transcript at the hearing of this matter on 29 September 2014,

the Fair Work Commission hereby approves the termination of the Cheetham Salt Limited -

Corio, Moolap & Lara - Enterprise Agreement 2011 (the Agreement) and orders so

accordingly.

[2] The termination of the Agreement will operate from 6 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Cheetham Salt Limited recently brought an application before the Fair Work Commission for the termination of the Cheetham Salt Limited - Corio, Moolap & Lara - Enterprise Agreement 2011. The applicant sought to terminate the enterprise agreement on the basis that there had been a substantial change in circumstances since the agreement was made, which warranted a review of its terms and conditions. The Fair Work Commission was tasked with determining whether the applicant had satisfied the criteria for terminating the enterprise agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether there had been a substantial change in circumstances since the enterprise agreement was made, warranting a termination. The applicant argued that the significant financial difficulties faced by the company, coupled with changes in the market environment and operational challenges, constituted a substantial change in circumstances. The Commission had to assess the evidence presented by both parties and determine whether the changes were indeed substantial enough to warrant a termination of the enterprise agreement.

After considering the evidence and arguments presented by both parties, the Fair Work Commission concluded that there had been a substantial change in circumstances since the enterprise agreement was made. The Commission found that the applicant had demonstrated a significant and sustained financial decline, which had a direct impact on the company's ability to meet its obligations under the enterprise agreement. The Commission also noted that the changes in the market environment and operational challenges further contributed to the substantial change in circumstances. As a result, the Fair Work Commission approved the applicant's application for the termination of the enterprise agreement. The termination will take effect from the date of the decision, and the parties will be required to negotiate a new enterprise agreement that reflects the current circumstances.

Cheetham Salt Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established