DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Forestry Corporation of New South Wales T/A Forestry NSW
(AG2018/1350)

FORESTRY CORPORATION ENTERPRISE AGREEMENT 2015-2017

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 23 APRIL 2018

Application for termination of The Forestry Corporation of NSW Enterprise Agreement 2015-2017.

[1] On 6 April 2018, Forestry Corporation of NSW made an application to terminate The Forestry Corporation of NSW Enterprise Agreement 2015-2017 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Actand having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 23 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved The Forestry Corporation of New South Wales, trading as Forestry NSW, which applied to terminate the Enterprise Agreement 2015-2017. The application was heard in the Fair Work Commission, an Australian industrial relations tribunal. The dispute centred on the corporation's contention that the Enterprise Agreement had become redundant due to significant changes in the forestry industry and the corporation's operational model, necessitating a revised agreement.

The legal issues before the Commission included whether the corporation had genuinely undertaken a process to negotiate a new agreement, the relevance of changed circumstances, and whether the termination could be considered fair and reasonable. The Commission needed to assess whether the corporation had acted in good faith and whether the termination was justified under the relevant provisions of the Fair Work Act 2009.

The Commission concluded that the Forestry Corporation had adequately demonstrated that it had undertaken genuine negotiations, and that the changed circumstances warranted the termination of the existing agreement. The corporation's operational changes and the industry's evolution provided sufficient grounds for the termination. The Commission found that the corporation had acted in good faith and that the termination was fair and reasonable under the circumstances. Consequently, the application to terminate the Enterprise Agreement was granted.

Forestry Corporation of New South Wales T/A Forestry NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established