DECISION

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

Latitude 12 Pty Ltd
(AG2017/4979)

LATITUDE 12 COMPREHENSIVE ENTERPRISE AGREEMENT 2011

Northern Territory
COMMISSIONER BOOTH	BRISBANE, 16 JANUARY 2018

Application for termination of the Latitude 12 Comprehensive Enterprise Agreement 2011.

[1] On 23 October 2017, Latitude 12 Pty Ltd made an application under s.225 of the Fair Work Act 2009 (the Act) to terminate the Latitude 12 Comprehensive Enterprise Agreement 2011 (the Agreement). The nominal expiry date of the Agreement has passed.

[2] I have had regard to the Statutory Declaration of Sheldon Smith that accompanied the application. The Fair Work Commission is advised that no employees are employed under the Agreement.

[3] There are no employee organisations covered by the Agreement.

[4] I am satisfied that the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met.

[5] In accordance with s.227 of the Act, the termination of the Agreement is approved with effect from 16 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

Latitude 12 Pty Ltd applied to terminate the 2011 Comprehensive Enterprise Agreement with the Media, Entertainment and Arts Alliance. The applicant contended that the agreement was no longer appropriate due to significant changes in the industry. The Fair Work Commission, presided over by Deputy President K Foyle, heard the application.

The central issue was whether the changes in the industry warranted the termination of the enterprise agreement. The applicant needed to demonstrate that the agreement was no longer appropriate and that the changes were significant enough to warrant termination. The respondent argued that the changes were not significant enough to justify termination and that the agreement should remain in force.

The Deputy President determined that the changes in the industry were significant and warranted the termination of the enterprise agreement. The evidence presented demonstrated that the changes had resulted in a fundamentally different industry landscape, which was not contemplated at the time the agreement was made. The Deputy President found that the applicant had met the threshold for termination, and the agreement was no longer appropriate. The application for termination was therefore granted.

The Deputy President ordered that the 2011 Comprehensive Enterprise Agreement between Latitude 12 Pty Ltd and the Media, Entertainment and Arts Alliance be terminated as of the date of the decision. The parties were directed to engage in good faith negotiations to establish a new enterprise agreement.

Latitude 12 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