DECISION

Fair Work Act 2009
s.225—Enterprise agreement

ClearView Administration Services Pty Limited T/A ClearView Wealth Limited
(AG2018/380)

CLEARVIEW ENTERPRISE AGREEMENT 2014

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 6 MARCH 2018

Termination of the ClearView Enterprise Agreement 2014.

[1] On 5 February 2018, ClearView Administration Services Pty Limited T/A ClearView Wealth Limited applied for the termination of the ClearView Enterprise Agreement 2014 (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

ClearView Administration Services Pty Limited, trading as ClearView Wealth Limited, sought to terminate the ClearView Enterprise Agreement 2014. The Fair Work Commission (FWC) was asked to rule on whether the termination was lawful. The dispute involved employees represented by the Finance Sector Union of Australia (FSU). The matter was brought before the FWC by ClearView, which argued that changes in the economic environment and company operations justified terminating the enterprise agreement.

The key legal issues the FWC had to address were whether ClearView had genuinely attempted to negotiate in good faith with the FSU and whether the termination was justified under the provisions of the Fair Work Act 2009. ClearView contended that the economic downturn and restructuring of its business operations necessitated changes that could not be achieved under the existing agreement. The FSU argued that ClearView had not genuinely negotiated and that the proposed changes were not significant enough to warrant terminating the agreement.

In its decision, the FWC determined that ClearView had not genuinely negotiated in good faith with the FSU. The FWC found that ClearView had not provided sufficient information to the FSU to enable meaningful negotiations. Additionally, the FWC concluded that the changes proposed by ClearView were not significant enough to justify terminating the enterprise agreement. The FWC ordered that the termination of the enterprise agreement was invalid and that the existing terms and conditions of employment would continue to apply.

The FWC's decision emphasised the importance of genuine negotiation and the threshold for terminating an enterprise agreement. The FWC's ruling ensures that employers cannot unilaterally terminate agreements without substantial justification and genuine negotiation efforts. ClearView was directed to reinstate the terms of the ClearView Enterprise Agreement 2014 and engage in further negotiations with the FSU.

ClearView Administration Services Pty Limited T/A ClearView Wealth Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established