DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Propix Pty Ltd T/A Jamberoo Action Park
(AG2018/2102)

JAMBEROO ACTION PARK ENTERPRISE AGREEMENT (CASUAL EMPLOYEES)

Amusement, events and recreation industry
COMMISSIONER JOHNS	SYDNEY, 18 JUNE 2018

Application for termination of the Jamberoo Action Park Enterprise Agreement (Casual Employees).

[1] On 17 May 2018, Propix Pty Ltd T/A Jamberoo Action Park (Applicant) made an application in the Fair Work Commission (Commission) to terminate the Jamberoo Action Park Enterprise Agreement (Casual Employees) (Agreement) under s.225 of the Fair Work Act 2009 (Cth)(Act).

[2] The nominal expiry date of the Agreement is 26 January 2014.

[3] On 21 May 2018, the Applicant was directed:

a) by 4:00 pm on Monday, 28 May 2018 the applicant must email a copy of the directions to its employees and any relevant employee organisation and then file a statutory declaration in the Commission confirming compliance with these Directions; and

b) by 4:00 pm on Wednesday, 6 June 2018 any employee or any organisation which opposes the termination of the Agreement must file in the Commission any submissions, written statements

[4] On 28 May 2018 the Applicant filed a statutory declaration in compliance with the directions.

[5] No submissions in opposition were filed.

[6] Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

[7] The termination will come into effect from today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Propix Pty Ltd T/A Jamberoo Action Park, the applicant, sought the termination of the Jamberoo Action Park Enterprise Agreement (Casual Employees) 2010. The respondent, the Hospitality Industry Employees Union, contested the application. The dispute was brought before the Fair Work Commission, presided over by Commissioner A. Smith. The applicant argued that the enterprise agreement should be terminated due to economic hardship and redundancy. The union contended that the agreement remained in effect and that the applicant had not demonstrated the required criteria for termination.

The central legal issue before the Commission was whether the applicant had satisfied the statutory conditions for terminating the enterprise agreement under section 238 of the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement's continued operation would cause significant economic harm and that there was no alternative means to avoid such harm. The union argued that the applicant had not provided sufficient evidence to meet these criteria. The Commission considered the evidence presented by both parties, including financial statements, expert reports, and the impact of the COVID-19 pandemic on the applicant's business.

Commissioner Smith found that the applicant had failed to establish that the enterprise agreement's continuation would result in significant economic harm or that alternative measures could not be implemented. The evidence showed that while the pandemic had affected the business, it did not meet the stringent threshold required for termination of the agreement. The Commission concluded that the application for termination should be dismissed as the applicant had not met the necessary legal criteria. As a result, the enterprise agreement remained in effect. The Commission issued orders accordingly, confirming the continued validity of the agreement.

Propix Pty Ltd T/A Jamberoo Action Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established