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

[2013] FWCA 3362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Pappas Glass Pty Ltd atf Pappas Family Trust and Roshen Pty Ltd atf Roshen Family Trust T/A Pappas Commercial Windows
(AG2013/6552)

PAPPAS GLASS PTY LTD TRANSPORT WORKERS ENTERPRISE AGREEMENT 2009

Aluminium industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 MAY 2013

Application for termination of the Pappas Glass Pty Ltd Transport Workers 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 Transport Workers 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 applicants, Pappas Glass Pty Ltd and Roshen Pty Ltd, trading as Pappas Commercial Windows, sought to terminate the Transport Workers Enterprise Agreement 2009 (the Agreement) which applied to their employees. The applicants contended that a change in their business operations had rendered the Agreement obsolete and no longer suitable for the current circumstances. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations matters.

The central legal issue before the Commission was whether the change in the applicants' business operations was significant enough to justify terminating the existing enterprise agreement. The applicants argued that the nature and scale of the changes warranted a new agreement to better reflect the current business environment. Conversely, the respondents, who were the employees' representatives, contended that the changes did not fundamentally alter the character of the business or the nature of the work being performed, thus the existing agreement should remain in force.

The Commission examined the evidence presented by both parties regarding the changes in the applicants' business operations. It considered whether these changes were substantial enough to justify terminating the existing agreement. The Commission concluded that while the changes were significant, they did not fundamentally alter the nature of the business or the work performed. Consequently, the existing enterprise agreement was deemed suitable and appropriate for the current business operations, and the application for termination was dismissed.

The Fair Work Commission ordered that the Transport Workers Enterprise Agreement 2009 remain in force and effect, and that the application for termination by the applicants be dismissed.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established