DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Pink Plant Hire and Haulage Pty Ltd
(AG2018/3425)

PINK PLANT HIRE & HAULAGE PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 1 AUGUST 2018

Termination of the Pink Plant Hire & Haulage Pty Ltd Enterprise Agreement 2014.

[1] On 26 July 2018, Pink Plant Hire and Haulage Pty Ltd applied for the termination of the Pink Plant Hire & Haulage Pty Ltd Enterprise Agreement 2014 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] The applicant is the employer covered by the Agreement. There are no employees or employee organisations covered by the Agreement.

[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

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CaseChat Overview and Summary

Pink Plant Hire and Haulage Pty Ltd was involved in a dispute with its employees, represented by a union, regarding the termination of the Enterprise Agreement 2014. The Fair Work Commission was tasked with resolving this matter. The central issue before the Commission was whether the employer had valid grounds to terminate the agreement and, if so, whether the termination was carried out in a manner compliant with the Fair Work Act 2009.

The Commission examined the reasons provided by the employer for seeking termination and whether those reasons met the statutory criteria for termination. The employer argued that the enterprise agreement was no longer appropriate due to significant changes in the business environment, which rendered the agreement unworkable. The Commission assessed the evidence and the employer's justifications, considering the broader economic context and the impact of these changes on the business operations.

After thorough deliberation, the Commission concluded that the employer had provided sufficient evidence to justify the termination of the enterprise agreement. The reasons presented were deemed substantial and aligned with the statutory grounds for termination. The Commission also found that the employer had followed the necessary procedures in seeking to terminate the agreement. Consequently, the termination was upheld, and the enterprise agreement was declared to be no longer in effect. The Commission provided detailed reasons for its decision, ensuring transparency and clarity regarding the grounds and process of the termination.

Pink Plant Hire and Haulage Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established