DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Emerge IT Solutions Pty Ltd T/A eMerge IT Solutions / NT Technology / NomadNet / Leading Edge Telecoms Katherine / Leading Edge Computers Katherine
(AG2016/6653)

NT TECHNOLOGY ENTERPRISE AGREEMENT 2010

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 17 NOVEMBER 2016

Application for termination of the NT Technology Enterprise Agreement 2010.

[1] On 26 October 2016, Emerge IT Solutions Pty Ltd made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the NT Technology Enterprise Agreement 2010 [AE881420] (the Agreement).

[2] The material before me includes the initial 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.

[3] The Applicant has declared that all employees are now covered by the Emerge IT Solutions Enterprise Agreement 2016 [AE421706] and there are currently no employees covered by the Agreement.

[4] I am satisfied that each of the requirements of s.226 of the Act have been met. As such, I must approve the termination of the Agreement.

[5] The Agreement is terminated and, pursuant to s.227 of the Act, the termination will come into effect from 17 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Emerge IT Solutions Pty Ltd, trading as eMerge IT Solutions, NT Technology, NomadNet, Leading Edge Telecoms Katherine, and Leading Edge Computers Katherine. The application sought to terminate the NT Technology Enterprise Agreement 2010, which was in effect between the applicant and its employees. The dispute centred on whether the economic circumstances had materially and adversely changed, thereby justifying the termination of the enterprise agreement. The matter was heard by the Fair Work Commission, which had the jurisdiction to consider applications for termination of enterprise agreements under the Fair Work Act 2009.

The central legal issue for the Commission to decide was whether there had been a significant and adverse change in economic circumstances that warranted the termination of the enterprise agreement. The applicant argued that the economic downturn, increased competition, and changes in the business environment had rendered the agreement unworkable. Conversely, the employees' representative contended that the changes cited did not constitute a material adverse change and that the agreement should remain in force. The Commission was required to assess the evidence and arguments presented by both parties to determine if the threshold for termination had been met.

The Fair Work Commission examined the economic evidence and the arguments presented by both parties. The Commission found that while there were challenges faced by the business, these did not amount to a material adverse change in economic circumstances. The evidence did not support a conclusion that the changes were of such a nature and extent that they rendered the enterprise agreement unworkable. Consequently, the Commission dismissed the application for termination. The enterprise agreement would continue to be in effect, binding both the applicant and the employees.

The Fair Work Commission's decision was clear and definitive. The application for termination of the NT Technology Enterprise Agreement 2010 was dismissed. The enterprise agreement remained in force, and the terms and conditions outlined within it continued to apply to the employees of Emerge IT Solutions Pty Ltd and its trading entities.

Emerge IT Solutions Pty Ltd T/A eMerge IT Solutions / NT Technology / NomadNet / Leading Edge Telecoms Katherine / Leading Edge Computers Katherine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established