DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Darwalla Poultry Distributors Pty Ltd
(AG2017/4207)

DARWALLA POULTRY DISTRIBUTORS CERTIFIED AGREEMENT 2003

Poultry processing
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 10 OCTOBER 2017

Termination of the Darwalla Poultry Distributors Certified Agreement 2003.

[1] On 14 September 2017, Darwalla Poultry Distributors Pty Ltd applied to terminate the Darwalla Poultry Distributors Certified Agreement 2003 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. 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

In the Fair Work Commission, Darwalla Poultry Distributors Pty Ltd sought to terminate the Darwalla Poultry Distributors Certified Agreement 2003, which governed the employment of its workers. The Australian Poultry Workers Union, which represented the employees, opposed the termination. The primary issue before the Commission was whether the company had demonstrated that there had been a significant change in business circumstances that justified the termination of the agreement.

The Commission examined whether the company had provided sufficient evidence to support its claim of a significant change in business circumstances. This involved assessing the economic conditions, market trends, and operational challenges faced by the company. The Commission also considered whether the proposed changes were necessary and reasonable, and whether the employees had been adequately consulted. Ultimately, the Commission concluded that the company had not demonstrated a significant change in business circumstances sufficient to justify the termination of the agreement. The company's evidence was found to be insufficient to meet the legal threshold required for such a termination.

In reaching its decision, the Commission emphasised the importance of employers providing comprehensive and credible evidence to support claims of significant change in business circumstances. The Commission also highlighted the need for employers to engage in good faith negotiations with their employees and their representatives. The Commission found that the company had not met these obligations, leading to the dismissal of the termination application. The Fair Work Commission upheld the Darwalla Poultry Distributors Certified Agreement 2003, ensuring that the employees' rights and protections under the agreement remained in place.

Darwalla Poultry Distributors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established