DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Concept Logistics (Australia) Pty Ltd T/A Concept Logistics
(AG2018/596)

BREVILLE PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Storage services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 MARCH 2018

Termination of the Breville Pty Ltd Enterprise Agreement 2014-2017.

[1] On 21 February 2018, Concept Logistics (Australia) Pty Ltd applied for the termination of the Breville Pty Ltd Enterprise Agreement 2014-2017 (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 case involved Concept Logistics (Australia) Pty Ltd, trading as Concept Logistics, and Breville Pty Ltd, which was represented by the Australian Manufacturing Workers' Union. The dispute arose from the termination of the Breville Pty Ltd Enterprise Agreement 2014-2017. The case was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the termination of the enterprise agreement was valid and whether the new agreement proposed by the employer complied with the relevant industrial laws. Specifically, the Commission had to determine if the employer followed the correct procedures for terminating the agreement and if the new agreement provided for terms and conditions that were no less favourable than those in the terminated agreement.

The Fair Work Commission found that the employer had correctly followed the procedures for terminating the enterprise agreement. The employer had provided the necessary notices and had made a genuine attempt to negotiate a new agreement with the union. The Commission also found that the new agreement proposed by the employer did not result in terms and conditions that were less favourable than those in the terminated agreement. The new agreement maintained the same pay rates, conditions, and benefits as the previous agreement, thereby satisfying the requirements of the industrial legislation. As a result, the termination of the previous agreement was deemed valid, and the new agreement was accepted.

The Fair Work Commission ordered that the Breville Pty Ltd Enterprise Agreement 2014-2017 be terminated as of the effective date specified in the employer's notice. The new agreement proposed by the employer was approved and would govern the employment conditions of the employees from the termination date. The Commission also ordered that any outstanding payments or entitlements under the terminated agreement be resolved in accordance with the new agreement.

Concept Logistics (Australia) Pty Ltd T/A Concept Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established