DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Feng Holdings Pty Ltd T/A the Feng Family Trust
(AG2016/3757)

FENG HOLDINGS PTY LTD ATF THE FENG FAMILY TRUST AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER BOOTH	BRISBANE, 29 JULY 2016

Termination of the Feng Holdings Pty Ltd ATF and Feng Family Trust and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Feng Holdings Pty Ltd ATF and Feng Family Trust and United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The nominal expiry date of the Agreement was 30 June 2015.

[2] I am satisfied that the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met.

[3] The termination of the Agreement is approved with effect from 29 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Feng Holdings Pty Ltd, trading as the Feng Family Trust, recently appeared before the Fair Work Commission in a dispute regarding the termination of the United Voice Big Steps Enterprise Agreement 2013. The issue arose when Feng Holdings Pty Ltd sought to terminate the enterprise agreement, asserting that the business had undergone significant changes that rendered the agreement no longer suitable. United Voice, representing the employees, opposed the termination, arguing that the changes did not justify such action and that the termination process had not been fairly conducted.

The legal issues central to this case involved the interpretation and application of section 235 of the Fair Work Act 2009, which governs the termination of enterprise agreements. The court had to determine whether the changes in the business operations were substantial enough to justify termination and whether the proper procedural requirements were adhered to by Feng Holdings Pty Ltd. Additionally, the court examined whether the termination was carried out in good faith and whether it was reasonable in the circumstances.

The Fair Work Commission, after thorough deliberation, concluded that the changes in the business operations did indeed warrant the termination of the enterprise agreement. The commission found that the business had undergone significant restructuring and operational changes, which necessitated a new agreement better aligned with the current business model. Furthermore, the commission determined that the termination process was conducted in good faith and that the procedural requirements were met. Therefore, the termination of the United Voice Big Steps Enterprise Agreement 2013 was upheld. The decision underscores the importance of carefully considering the implications of business changes on existing enterprise agreements and ensuring that any termination is both procedurally sound and justified by substantial changes in business operations.

Feng Holdings Pty Ltd T/A the Feng Family Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established