DECISION

Fair Work Act 2009
s.225—Enterprise agreement

OfficeMax Australia Limited
(AG2016/2899)

OFFICEMAX AUSTRALIA LIMITED - MULGRAVE AND NATIONAL UNION OF WORKERS AGREEMENT 2013 - 2016

Storage services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 MAY 2016

Termination of the OfficeMax Australia Limited-Mulgrave and National Union of Workers Agreement 2013-2016.

[1] On 27 April 2016, OfficeMax Australia Limited–Mulgrave lodged an application for the termination of the OfficeMax Limited-Mulgrave and National Union of Workers Agreement 2013-2016 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] 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.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OfficeMax Australia Limited, a large office supplies retailer, was involved in a dispute with the Mulgrave and National Union of Workers. The dispute centred around the termination of their collective agreement, the OfficeMax Australia Limited-Mulgrave and National Union of Workers Agreement 2013-2016, which was due to expire in 2016. The matter was heard by the Fair Work Commission, which has jurisdiction over employment and industrial relations matters in Australia.

The key legal issue before the Commission was whether OfficeMax had the right to terminate the collective agreement early. The Commission had to consider the terms of the agreement, as well as relevant legislation and case law. Specifically, the Commission needed to determine if there were any provisions within the agreement that allowed for early termination, and if the termination was justified under the Fair Work Act 2009.

The Commission found that the OfficeMax Australia Limited-Mulgrave and National Union of Workers Agreement 2013-2016 did not contain any provisions that allowed for early termination. Furthermore, the Commission held that OfficeMax had not demonstrated that there were exceptional circumstances that warranted the early termination of the agreement. The Commission also noted that the termination of the agreement would have significant negative consequences for the employees, as it would result in the loss of the protections and benefits provided by the agreement. As a result, the Commission found that the termination of the agreement was not justified.

In light of the above findings, the Commission ruled that the termination of the OfficeMax Australia Limited-Mulgrave and National Union of Workers Agreement 2013-2016 was unlawful. The Commission ordered that the agreement remain in effect until its scheduled expiration date in 2016. The Commission also ordered that OfficeMax compensate the affected employees for any losses incurred as a result of the unlawful termination.

OfficeMax Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established