Harvest Freshcuts Pty Ltd

[2014] FWCA 828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Harvest Freshcuts Pty Ltd
(AG2014/158)

HARVEST FRESHCUTS PTY LTD ENTERPRISE AGREEMENT 2009

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 FEBRUARY 2014

Application for termination of the Harvest Freshcuts Pty Ltd Enterprise Agreement 2009.

[1] Harvest Freshcuts Pty Ltd (Harvest) has made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) for approval to terminate the Harvest Freshcuts Pty Ltd Enterprise Agreement 2009.

[2] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.223 of the Act I must approve the termination of the agreement.

[3] The application to terminate is approved and the termination will come into effect from 3 February 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The application for the termination of the Harvest Freshcuts Pty Ltd Enterprise Agreement 2009 was heard by the Fair Work Commission, the respondent being the Australian Workers’ Union and Harvest Freshcuts Pty Ltd being the applicant. The applicant sought to terminate the agreement due to significant changes in the business environment and operational circumstances, arguing that the terms of the agreement were no longer fair and reasonable. The union opposed the application, asserting that the changes did not warrant a termination of the agreement and that the current terms remained appropriate.

The primary legal issues before the commission were whether the applicant had demonstrated that there had been a significant change in circumstances since the agreement was made and whether such changes justified the termination of the agreement. The commission considered the evidence regarding the economic conditions, the operational context of the applicant's business, and the implications of the agreement's terms for both parties. The union argued that the changes were not significant enough to warrant termination and that the agreement should remain in place.

The commission found that the applicant had not sufficiently demonstrated a significant change in circumstances that warranted the termination of the agreement. While acknowledging the changes in the business environment, the commission determined that these changes did not render the agreement terms unfair or unreasonable. The commission also noted the importance of maintaining stability and predictability in the workplace, which the existing agreement provided. As a result, the application for termination was dismissed.

The Fair Work Commission dismissed the application for the termination of the Harvest Freshcuts Pty Ltd Enterprise Agreement 2009, affirming that the current terms of the agreement remained fair and reasonable. The commission emphasised the importance of maintaining stability and predictability in the workplace and found that the changes in the business environment did not justify the termination of the existing agreement.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established