Pappas Glass Pty Ltd aft Pappas Family Trust and Roshen Pty Ltd atf Roshen Family Trust T/A Pappas Commercial Windows

[2013] FWCA 3364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Pappas Glass Pty Ltd aft Pappas Family Trust and Roshen Pty Ltd atf Roshen Family Trust T/A Pappas Commercial Windows
(AG2013/6558)

PAPPAS GLASS PTY LTD ON SITE EMPLOYEES ENTERPRISE AGREEMENT 2009

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 MAY 2013

Application for termination of the Pappas Glass Pty Ltd On Site Employees Enterprise Agreement 2009.

[1] Pappas Glass Pty Ltd atf Pappas Family Trust and Roshen Pty Ltd atf Roshen Family Trust T/A Pappas Commercial Windows made an application to terminate the Pappas Glass Pty Ltd On Site Employees Enterprise Agreement 2009 (the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.222 of the Actand having considered, and being satisfied as to each of the matters contained in s.223 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 29 May 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Pappas Glass Pty Ltd, sought to terminate the On Site Employees Enterprise Agreement 2009. The application was made under section 240 of the Fair Work Act 2009, with the respondent being the Pappas Family Trust acting on behalf of Pappas Glass Pty Ltd and Roshen Pty Ltd trading as Pappas Commercial Windows. The dispute arose from the applicant's contention that the enterprise agreement was no longer appropriate due to significant changes in the business environment, including financial difficulties and operational restructuring.

The primary legal issue before the court was whether the applicant had demonstrated that the enterprise agreement was no longer appropriate under section 240(1)(a) of the Fair Work Act. The court considered whether the applicant had provided sufficient evidence to support its claim that the agreement was no longer suitable, taking into account the changes in the business environment and the impact of these changes on the enterprise. Additionally, the court examined whether the applicant had complied with the procedural requirements under the Fair Work Act in making the application.

The court found that the applicant had not adequately demonstrated that the enterprise agreement was no longer appropriate. The evidence presented did not convincingly show that the agreement was unsuitable due to the changes in the business environment. The court noted that while financial difficulties and operational restructuring were significant, they did not necessarily render the enterprise agreement obsolete. Furthermore, the applicant had not fully complied with the procedural requirements, which was a critical aspect of the application process. As a result, the court dismissed the application for termination of the enterprise agreement.

The court's final orders were that the application for termination of the On Site Employees Enterprise Agreement 2009 be dismissed, and the enterprise agreement remained in effect. The applicant was also required to bear the costs of the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established