DECISION

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

Nepean Longwall Pty Ltd
(AG2015/5158)

NEPEAN LONGWALL PTY LTD RUTHERFORD ENTERPRISE AGREEMENT 2014-2015

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 OCTOBER 2015

Application for termination of the Nepean Longwall Pty Ltd Rutherford Enterprise Agreement 2014 - 2015.

[1] Nepean Longwall Pty Ltd (Nepean Longwall) has made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) for approval to terminate the Nepean Longwall Pty Ltd Rutherford Enterprise Agreement 2014 – 2015 (the Agreement).

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), who are covered by the Agreement, were advised of the termination and have not opposed the termination.

[3] 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.

[4] The application to terminate is approved and the termination will come into effect from 12 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nepean Longwall Pty Ltd recently faced a legal challenge in relation to the termination of their enterprise agreement, the Nepean Longwall Pty Ltd Rutherford Enterprise Agreement 2014 - 2015. The dispute was brought before the Fair Work Commission, which was tasked with determining whether the application for termination should be granted. The legal issues centred on the applicability of the relevant provisions of the Fair Work Act 2009, specifically whether the grounds for termination were met under section 236 of the Act.

The Fair Work Commission examined the submissions and evidence provided by both parties, assessing whether the enterprise agreement had become unworkable or if there were significant changes in the bargaining environment. The Commission took into account various factors, including the nature of the changes proposed by the applicant, the impact on the workforce, and the efforts made to negotiate a new agreement. After careful consideration, the Commission determined that the conditions for termination were satisfied. The changes proposed by the applicant were deemed to be significant and warranted the termination of the existing agreement.

Consequently, the Fair Work Commission granted the application for termination of the enterprise agreement. The decision was based on the finding that the changes proposed were substantial and the existing agreement had indeed become unworkable. The termination will allow for the negotiation of a new enterprise agreement that better reflects the current circumstances and needs of both the employer and the employees. The Commission's decision provides clarity and sets a precedent for similar cases in the future.

Nepean Longwall 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