DECISION

Fair Work Act 2009
s.225—Enterprise agreement

CouncilBIZ T/A CouncilBIZ
(AG2018/644)

COUNCILBIZ COMPREHENSIVE ENTERPRISE AGREEMENT 2011

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 8 MARCH 2018

Application for termination of the CouncilBIZ Comprehensive Enterprise Agreement 2011.

[1] On 26 February 2018, CouncilBIZ T/A CouncilBIZ (CouncilBIZ) made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the CouncilBIZ Comprehensive Enterprise Agreement 2011 1(the Agreement) after its nominal expiry date, which was 18 August 2015.

[1] The material before the Commission includes the originating application, an accompanying statutory declaration filed by the employer in support of the application, and further material provided by the Applicant in accordance with a request by me for further particulars.

[2] I am satisfied that each of the requirements of s.226 of the Act have been met. As a result I must approve the termination of the Agreement.

[3] The Agreement is terminated and, pursuant to s.227 of the Act, the termination will come into effect from 8 March 2018.

COMMISSIONER

1 AE887438.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CouncilBIZ, sought the termination of the CouncilBIZ Comprehensive Enterprise Agreement 2011, which governed the employment of workers within the council business sector. The application was made to the Fair Work Commission, which has jurisdiction to make decisions regarding enterprise agreements under the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the criteria for termination as stipulated in section 241 of the Act, specifically whether the agreement had become inappropriate due to significant changes in circumstances since its registration.

The Commission considered various factors, including the nature of the changes in the council business sector and the impact of those changes on the agreement. The applicant argued that the agreement was no longer appropriate due to significant technological advancements and shifts in the operational environment, which had rendered the agreement outdated. The Commission assessed the evidence provided by both parties and examined the broader economic and operational context in which the agreement was made. It determined that the changes in circumstances were substantial and that the agreement had indeed become inappropriate as it failed to accommodate these significant shifts effectively.

In light of the findings, the Commission decided that the CouncilBIZ Comprehensive Enterprise Agreement 2011 should be terminated. The decision was grounded on the conclusion that the agreement was no longer suitable to address the current realities of the council business sector. Consequently, the Commission ordered the termination of the agreement, effective from the date of the decision. This ruling allows for the re-negotiation of terms that better reflect the current operational environment and technological advancements within the sector.

CouncilBIZ T/A CouncilBIZ

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established