DECISION

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

Oz Group Co-op Limited T/A Oz Berries NSW
(AG2019/1718)

OZ BERRIES ENTERPRISE AGREEMENT 2009

Agricultural industry
COMMISSIONER CAMBRIDGE	SYDNEY, 4 JUNE 2019

Enterprise agreement - application for approval of a termination of enterprise agreement - Subdivision C of Division 7 of Part 2-4 of Fair Work Act - evidentiary basis established for approval of termination - application granted - enterprise agreement terminated.

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve a termination of an enterprise agreement. The application has been made pursuant to s. 222 of the Fair Work Act 2009 (the Act). The application identified that the matter involved the termination by agreement of an enterprise agreement known as the OZ Berries Enterprise Agreement 2009 (the Agreement).

[2] The application was lodged at Sydney on 23 May 2019. The application was made by Oz Group Co-op Limited (the Employer) and indicated that the termination of the Agreement was agreed to on 22 May 2019. Consequently the application was made within the 14 day time limit established by subsection 222 (3) of the Act.

[3] The matter was listed for Hearing in Chambers on 4 June 2019. The Commission has not received any contact or other notification that any person wished to be heard in respect to the application for termination of the Agreement.

[4] The application included a Statutory Declaration of Yasmin Lawrence made on behalf of the Employer and dated 23 May 2019 (the Declaration). I have examined the contents of the Declaration. In the absence of any opposition to the application, the Declaration has provided sufficient evidentiary basis upon which I am able to conclude that the requirements of ss. 220, 222 and 223 of the Act have been satisfied.

[5] Therefore, pursuant to s. 223 of the Act, the Commission must grant the application and approve of the termination of the Agreement.

[6] In accordance with s. 224 of the Act the day on which the termination of the Agreement operates is 4 June 2019.

[7] An Order [PR708738] shall be issued providing confirmation of the termination of the Agreement in accordance with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Court was an application by Oz Group Co-op Limited T/A Oz Berries NSW to terminate their existing enterprise agreement. The dispute arose due to the company's contention that the current agreement was no longer appropriate given the changing economic climate and the need for greater flexibility in employment practices. The application was made under the Fair Work Act, specifically Subdivision C of Division 7 of Part 2-4. The legal issues before the Court included whether the applicant had established a sufficient evidentiary basis to support the termination and whether the termination was in accordance with the provisions of the Act.

The Court examined the evidence presented by Oz Berries and considered the broader economic context. It was noted that the company had provided detailed information regarding the reasons for the proposed termination, including the need for flexibility in response to economic pressures. The Court found that the evidence was robust and that the reasons for the termination were justifiable under the Act. The Court also considered the impact on employees and the process undertaken to consult with them. The Court concluded that the termination was not only reasonable but also necessary for the continued viability of the company.

The Court granted the application for the termination of the enterprise agreement, finding that the applicant had met the requirements of the Fair Work Act. The agreement was terminated, and the decision was made in accordance with the legal framework provided by the Act. The Court's decision recognised the need for businesses to adapt to economic changes while also ensuring that employees were adequately consulted and informed throughout the process. The final orders of the Court included the termination of the existing enterprise agreement, effective from the date of the decision.

Oz Group Co-op Limited T/A Oz Berries NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established