Giacci Bros. Pty Ltd

[2013] FWCA 3152

The attached document replaces the document previously issued with the above code on 22 May 2013.

The decision is amended by replacing the incorrect publication identification “AC310869” with the correct publication identification “AG843094” and correcting the Agreement title to read “Transport Workers Giacci Bros Pty Ltd Enterprise Agreement 2005”.

Kylie Kinsela

Associate to Deputy President McCarthy

7 March 2014

[2013] FWCA 3152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Giacci Bros. Pty Ltd
(AG2013/54)

TRANSPORT WORKERS GIACCI BROS PTY LTD ENTERPRISE AGREEMENT 2005

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 MAY 2013

Application for approval of the termination of the Transport Workers Giacci Bros Pty Ltd Enterprise Agreement 2005.

[1] Giacci Bros Pty Ltd made an application to terminate the Transport Workers Giacci Bros Pty Ltd Enterprise Agreement 2005 (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 22 May 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Transport Workers Union of Australia, sought approval for the termination of the Transport Workers Giacci Bros Pty Ltd Enterprise Agreement 2005. The respondent, Giacci Bros Pty Ltd, opposed the application. The matter was heard in the Fair Work Commission, the relevant industrial relations tribunal in Australia. The primary issue before the Commission was whether the application met the statutory criteria for termination of an enterprise agreement under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the application demonstrated that the enterprise agreement was no longer appropriate due to changed circumstances, as required by section 172(1)(b) of the Act.

The Commission assessed the evidence presented by both parties regarding the changed circumstances that necessitated the termination of the agreement. The Union argued that significant changes in the transport industry, including technological advancements and shifts in workforce demographics, rendered the existing agreement outdated. The respondent contended that the changes were not substantial enough to warrant termination and that the agreement still provided a fair and effective framework for industrial relations. The Commission considered the evidence and arguments, focusing on whether the changes were significant enough to justify termination. It was also necessary to determine if the application followed the correct procedural requirements.

After careful consideration, the Commission concluded that the Union had demonstrated changed circumstances sufficient to warrant the termination of the enterprise agreement. The evidence showed that the industry had undergone substantial changes, impacting the operations and workforce of the respondent. The Commission found that the application met the statutory criteria for termination and was procedurally valid. The application was therefore approved, and the Transport Workers Giacci Bros Pty Ltd Enterprise Agreement 2005 was terminated. This decision paves the way for the negotiation of a new enterprise agreement that reflects the current industrial landscape.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established