[2017] FWCA 287

The attached document replaces the document previously issued with the above code on 18 January 2017.

The document reference code has been corrected from AE417847 to AE417520.

Lisa Powell

Associate to Commissioner Bissett

Dated 19 January 2017

[2017] FWCA 287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Australia Pty Ltd
(AG2017/68)

COMMISSIONER BISSETT

MELBOURNE, 18 JANUARY 2017

Termination of the Fenner Dunlop Darwin Enterprise Agreement 2015.

[1] On 10 January 2017 Fenner Dunlop Australia Pty Ltd made an application to terminate the Fenner Dunlop Darwin Enterprise Agreement 2015 (the Agreement) pursuant to s.222 of the Fair Work Act 2009 (the Act).

[2] The employees covered by the Agreement have agreed to the termination of the Agreement.

[3] Pursuant to s.222 of the Act and having considered and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from 18 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Fenner Dunlop Australia Pty Ltd and the Transport Workers Union of Australia. The dispute arose from the termination of the Fenner Dunlop Darwin Enterprise Agreement 2015, with the union challenging the termination on various grounds. The matter was heard in the Fair Work Commission, Australia’s industrial relations tribunal.

The central legal issues before the Commission involved whether the employer had valid grounds to terminate the enterprise agreement, specifically under section 231 of the Fair Work Act 2009, which allows for termination if the agreement is no longer appropriate for the workforce. The union argued that the employer had not provided sufficient evidence to justify the termination, and that the employer had failed to negotiate in good faith. The employer contended that changes in the nature of its business operations necessitated the agreement's termination.

The Commission considered the evidence presented by both parties, including the employer's financial performance, changes in workforce requirements, and the process of negotiation. The Commission found that the employer had demonstrated significant changes in its business operations, which warranted the termination of the existing agreement. The Commission concluded that the employer had acted reasonably and in good faith, and therefore upheld the termination of the enterprise agreement. The union's challenge was dismissed.

The Fair Work Commission's decision confirmed the termination of the Fenner Dunlop Darwin Enterprise Agreement 2015, allowing the employer to implement new terms and conditions. The union's application to have the termination set aside was rejected, and the employer was permitted to proceed with the changes.

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Australia 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