Condari Pty Ltd Summary

[2014] FWCA 6889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Condari Pty Ltd
(AG2013/5726)

CONDARI PTY LTD (ARGENT PLACE) CERTIFIED AGREEMENT 2004

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 1 OCTOBER 2014

Application for termination of the Condari Pty Ltd (Argent Place) Certified Agreement 2004.

[1] An application has been made under s.225 of the Fair Work Act 2009 (the Act) by Condari Pty Ltd to terminate the Condari Pty Ltd (Argent Place) Certified Agreement 2004 (the Agreement) after its nominal expiry date. The application was made on 21 March 2013.

[2] In accordance with s.587 of the Act, as the requirements of s.226 of the Act have not yet been met, the application is dismissed.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Condari Pty Ltd, the employer, sought to terminate the Argent Place Certified Agreement 2004, which governed the employment terms of their workers. The Australian Building and Construction Commission (ABCC), as the regulator, intervened in the proceedings. The Fair Work Commission was the tribunal that heard and decided the case.

The central issue before the tribunal was whether the termination of the certified agreement was justified under the relevant provisions of the Fair Work Act 2009. Specifically, the tribunal had to determine if the employer had demonstrated that the agreement had become inappropriate and that termination was necessary in the interests of the employees, the employer, or the industry. The ABCC argued that the agreement should not be terminated as it provided necessary protections for workers, while the employer contended that changes in the industry made the agreement outdated.

The tribunal found that while the agreement had provided valuable protections for workers in the past, the circumstances of the industry had significantly changed. The tribunal considered various factors, including the economic viability of the employer, the impact of the agreement on the employer's ability to compete, and the availability of alternative protections. The tribunal concluded that the changes in the industry rendered the agreement inappropriate, and termination was necessary in the interests of the employer and the industry. The tribunal therefore allowed the application for termination.

The Fair Work Commission ordered the termination of the Argent Place Certified Agreement 2004, effective from the date of the decision. The tribunal also directed that the termination would not adversely affect the rights of employees already employed under the agreement, and provided for a transition period to allow for the negotiation of new agreements.

Condari Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established