Gayndah Packers Co-Operative Association Summary

[2014] FWCA 1539

FAIR WORK COMMISSION

DECISION

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

Gayndah Packers Co-Operative Association
(AG2013/12016)

MONDURAN CITRUS EMPLOYEE ENTERPRISE AGREEMENT 2009

Agricultural industry

DEPUTY PRESIDENT ASBURY

BRISBANE, 4 MARCH 2014

Application to terminate the Monduran Citrus Employee Enterprise Agreement 2009.

[1] On 17 December 2013, Gayndah Packers Co-operative Association made an application to terminate the Monduran Citrus Employee Enterprise Agreement 2009 (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 Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[3] The termination will come into effect from 4 March 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Gayndah Packers Co-Operative Association, the applicant, and the Australian Manufacturing Workers' Union, the respondent. The applicant sought to terminate the Monduran Citrus Employee Enterprise Agreement 2009. The case was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement was no longer appropriate for the circumstances of the parties and whether termination of the agreement was in the interests of fairness and justice.

The Fair Work Commission found that the applicant had established that the Monduran Citrus Employee Enterprise Agreement 2009 was no longer appropriate for the circumstances of the parties. The Commission noted that there had been significant changes in the Monduran citrus industry, including a reduction in the number of packers and a decrease in the volume of fruit being packed. The Commission found that these changes had resulted in a significant reduction in the number of employees covered by the agreement and that the agreement was no longer relevant to the current circumstances of the parties. The Commission also found that the termination of the agreement was in the interests of fairness and justice. The Commission noted that the applicant had made a genuine attempt to negotiate a new agreement with the respondent but that the negotiations had been unsuccessful. The Commission found that the applicant had acted in good faith and that termination of the agreement was the appropriate course of action.

The Fair Work Commission terminated the Monduran Citrus Employee Enterprise Agreement 2009. The Commission found that the agreement was no longer appropriate for the circumstances of the parties and that termination of the agreement was in the interests of fairness and justice. The Commission noted that the applicant had made a genuine attempt to negotiate a new agreement with the respondent but that the negotiations had been unsuccessful. The Commission found that the applicant had acted in good faith and that termination of the agreement was the appropriate course of action. The Commission ordered that the agreement be terminated as of the date of the decision.

Gayndah Packers Co-Operative Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established