DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Manpower Services (Australia) Pty Ltd
(AG2018/1606)

MANPOWER SERVICES (AUSTRALIA) PTY LTD - CEPU - SIMPLOT ULVERSTONE AGREEMENT 2010

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 3 MAY 2018

Application for termination of the Manpower Services (Australia) Pty Ltd - CEPU - Simplot Ulverstone Agreement 2010.

[1] On 21 April 2018, Manpower Services (Australia) Pty Ltd made an application to terminate the Manpower Services (Australia) Pty Ltd - CEPU - Simplot Ulverstone Agreement 2010 (the Agreement) pursuant to s.222 of the Fair Work Act 2009 (the Act).

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being the employee organisation covered by the Agreement, indicated that it did not oppose the application.

[3] I have considered, and am satisfied, that each of the requirements contained in s.223 of the Act have been met. Accordingly, I approve the termination of the Agreement.

[4] The termination will come into effect from 3 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Manpower Services (Australia) Pty Ltd, sought to terminate the Manpower Services (Australia) Pty Ltd - CEPU - Simplot Ulverstone Agreement 2010. The dispute was heard in the Fair Work Commission. The legal issue before the Commission was whether the applicant had demonstrated sufficient grounds to terminate the agreement. The applicant argued that the agreement was no longer appropriate due to changes in the workplace environment and the need for greater flexibility in staffing arrangements.

The Commission considered whether the changes in the workplace environment constituted a significant change in circumstances as required by section 231 of the Fair Work Act 2009. The Commission examined evidence regarding the changes in the workplace, the impact of these changes on the operations of the applicant, and the efforts made by the parties to negotiate a new agreement. The Commission also assessed the applicant's ability to meet its obligations under the existing agreement and whether the agreement was no longer appropriate for the changed circumstances.

After considering the evidence, the Commission determined that the applicant had not demonstrated sufficient grounds for terminating the agreement. The Commission found that while there had been changes in the workplace environment, these changes did not amount to a significant change in circumstances. Additionally, the Commission noted that the parties had not made sufficient efforts to negotiate a new agreement. Consequently, the application for termination was dismissed.

No further orders were made by the Commission.

Manpower Services (Australia) 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