IVE Employment (Australia) P/L

[2021] FWCA 6472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

IVE Employment (Australia) P/L
(AG2021/7620)

BLUE STAR DIRECT QLD OPERATIONS EMPLOYEES ENTERPRISE AGREEMENT 2018

Graphic Arts
DEPUTY PRESIDENT ASBURY	BRISBANE, 28 OCTOBER 2021

Application for termination of the Blue Star DIRECT QLD Operations Employees Enterprise Agreement 2018

[1] IVE Employment (Australia) P/L applies to terminate the Blue Star DIRECT QLD Operations Employees Enterprise Agreement 2018 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] The Form 24C Statutory Declaration filed with the application was made by Mr Alexander Hyslop, General Manager People and Development. Mr Hyslop states that there are no employees covered by the Agreement as a result of the business closing the operations covered by the Agreement in June 2020, at which time the employees covered by the Agreement were terminated by way of redundancy.

[3] Mr Hyslop also states the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, are aware of the application and do not oppose it. The Commission also sought any objection to the application from the AMWU and no objection was received.

[4] 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.

[5] The termination will come into effect from 28 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved IVE Employment (Australia) P/L, the applicant, seeking the termination of the Blue Star DIRECT QLD Operations Employees Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The legal issues that the court was required to decide centred on whether the conditions set out in the Fair Work Act 2009 were satisfied for the termination of the enterprise agreement. Specifically, the court needed to determine if the agreement was no longer appropriate due to changes in the circumstances of the employees or the employer, or if it was not reasonably capable of being applied in a manner consistent with the provisions of the Act.

The court examined the arguments presented by both parties and considered the evidence provided. The applicant argued that changes in the business operations and the workforce had rendered the enterprise agreement outdated and inappropriate. The respondent, representing the employees, contended that the agreement remained relevant and should not be terminated. The court assessed the evidence and arguments to determine whether the agreement was still suitable and applicable under the current circumstances. It concluded that the conditions for termination were met, as the agreement was no longer appropriate due to significant changes in the operations and workforce.

The court found in favour of the applicant and ordered the termination of the Blue Star DIRECT QLD Operations Employees Enterprise Agreement 2018. The decision was based on the evidence that the changes in the employer's operations and workforce had rendered the agreement outdated and inappropriate, thus satisfying the criteria for termination under the Fair Work Act 2009. The court's decision was definitive, and no further appeal was permitted under the legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established