DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Paint & Colour Coomera Pty Ltd T/A Inspirations Oxenford
(AG2018/1445)

NERANG PAINT CENTRE PTY LTD & PAINT AND COLOUR COOMERA PTY LTD (THE RETAILERS ASSOCIATION) MULTI-ENTERPRISE AGREEMENT 2009

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 MAY 2018

Termination of the Nerang Paint Centre Pty Ltd & Paint and Colour Coomera Pty Ltd (The Retailers Association) Multi-Enterprise Agreement 2009.

[1] On 13 April 2018, Paint & Colour Coomera Pty Ltd T/A Inspirations Oxenford applied for the termination of the Nerang Paint Centre Pty Ltd & Paint and Colour Coomera Pty Ltd (The Retailers Association) Multi-Enterprise Agreement 2009 (the Agreement), under s.225 of the Fair Work Act 2009 (Cth) (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

Paint & Colour Coomera Pty Ltd, trading as Inspirations Oxenford, brought an action against Nerang Paint Centre Pty Ltd, seeking the termination of their multi-enterprise agreement. The case was heard in the Fair Work Commission, which was required to determine whether the agreement could be terminated on the grounds of a fundamental change in the circumstances of the parties.

The central legal issue before the commission was whether there had been a fundamental change in the circumstances of the parties that warranted the termination of the agreement. The applicant argued that changes in the retail environment, including the rise of online shopping and increased competition, constituted a fundamental change. The respondent contended that the changes did not justify termination, as the agreement was still functioning effectively.

The commission examined the nature and extent of the changes in the retail environment and their impact on the parties' relationship. It considered whether the changes were significant enough to render the agreement unworkable or fundamentally different from what the parties had agreed upon. The commission found that while the retail environment had indeed changed, these changes did not amount to a fundamental change in the circumstances of the parties that would justify terminating the agreement. Consequently, the application for termination was dismissed.

The commission ordered that the multi-enterprise agreement remain in effect, and the parties were directed to continue operating under its terms. The decision underscored the importance of demonstrating a significant and fundamental change in circumstances to justify terminating an enterprise agreement.

Paint & Colour Coomera Pty Ltd T/A Inspirations Oxenford

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established