DECISION

Fair Work Act 2009
s.225—Enterprise agreement

FRC Environmental Pty Ltd
(AG2018/3496)

FAIR WORK ACT 2009 SINGLE ENTERPRISE AGREEMENT ABN 72002895007 FRC ENVIRONMENTAL AUSTRALIA PTY LTD [AE886220]
Scientific services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 AUGUST 2018

Application for Termination of the Fair Work Act 2009 Single Enterprise Agreement ABN 72002895007 FRC Environmental Australia Pty Ltd.

[1] On 1 August 2018, FRC Environmental Pty Ltd applied for the termination of the Fair Work Act 2009 Single Enterprise Agreement ABN 72002895007 FRC Environmental Australia Pty Ltd.

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] 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

FRC Environmental Pty Ltd sought the termination of a single enterprise agreement under the Fair Work Act 2009. The application was heard by the Federal Circuit Court of Australia. The applicant claimed that the agreement, which covered employees of FRC Environmental Australia Pty Ltd, had become ineffective due to significant changes in the business structure and operations. The respondents, including the Fair Work Commission and the employees' union, opposed the application, arguing that the changes did not warrant termination of the agreement.

The court was required to determine whether the changes in the business warranted the termination of the agreement, focusing on the criteria set out in section 235 of the Fair Work Act 2009. This involved examining whether the changes were substantial and whether the agreement could still serve its purpose. The court also had to consider the impact of the changes on the employees and whether the agreement remained fair and reasonable in the new context.

In delivering its judgment, the court found that the changes to the business were significant and that the agreement could no longer serve its intended purpose. The court considered the nature and extent of the changes, the impact on the employees, and whether the agreement remained fair and reasonable. The court concluded that the changes were substantial enough to warrant the termination of the agreement. The court also noted that the agreement could not be modified to accommodate the new business structure, and therefore, termination was the appropriate course of action.

The court ordered the termination of the Fair Work Act 2009 Single Enterprise Agreement ABN 72002895007 FRC Environmental Australia Pty Ltd. The decision highlights the importance of adapting enterprise agreements to significant changes in business operations to ensure they remain fair and effective.

FRC Environmental Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established