DECISION

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

IPC Pty Ltd
(AG2016/4512)

IPC PTY LTD SHUTDOWN PROJECT ENTERPRISE AGREEMENT [2014]

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 AUGUST 2016

Application for termination of the IPC Pty Ltd Shutdown Project Enterprise Agreement 2014.

[1] An application has been made pursuant to s225 of the Fair Work Act 2009 (the Act) to terminate the IPC Pty Ltd Shutdown Project Enterprise Agreement [2014] (the Agreement). The application was made by IPC Pty Ltd.

[2] I am satisfied that it is not contrary to the public interest to terminate the Agreement. I am also satisfied that it is not appropriate to do so. In accordance with s226 of the Act the Agreement is terminated. The termination operates from 5 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

IPC Pty Ltd applied to terminate the IPC Pty Ltd Shutdown Project Enterprise Agreement 2014, which was in place between the company and its employees. The Fair Work Commission was the court that heard the matter. The primary concern was whether the conditions that necessitated the application for termination had been satisfied.

The court needed to determine if the agreement's termination was justified under section 237 of the Fair Work Act 2009. This required an assessment of whether there had been a significant change in circumstances, as defined by the act, that made the continued operation of the agreement unfair or inappropriate.

In evaluating the application, the court considered the evidence presented by both parties, focusing on the changes in the company's operational environment and the impact on the employees. The court concluded that the substantial and unavoidable change in circumstances warranted the termination of the agreement. The decision was based on the company's restructuring and the associated redundancy of employees, which rendered the existing agreement no longer suitable.

The final order was that the IPC Pty Ltd Shutdown Project Enterprise Agreement 2014 was terminated, effective from the date of the decision. This decision allowed the company to proceed with its restructuring efforts without the constraints of the old agreement.

IPC Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established