Re Project Coordination (Australia) Pty Ltd

Case

[2016] FWCA 5465

5 AUGUST 2016


Details
AGLC Case Decision Date
Re Project Coordination (Australia) Pty Ltd [2016] FWCA 5465 [2016] FWCA 5465 5 AUGUST 2016

CaseChat Overview and Summary

The applicant, a representative of employers, applied to the Fair Work Commission for the termination of the Project Coordination (Australia) Pty Ltd Enterprise Agreement 2011-2015. The applicant argued that the agreement was no longer appropriate due to changes in the business, and that the agreement did not facilitate flexibility in the workforce, which was essential for the continued success of the business. The Fair Work Commission was required to determine whether the agreement was no longer appropriate and should be terminated.

The Fair Work Commission considered whether the changes in the business were significant enough to warrant the termination of the agreement. The Commission also considered the arguments made by the applicant regarding the need for flexibility in the workforce. The Commission noted that the agreement provided for some flexibility, but that it was not sufficient to meet the needs of the business. The Commission concluded that the changes in the business were significant and that the agreement did not provide sufficient flexibility to meet those needs. Therefore, the agreement was no longer appropriate and should be terminated.

The Fair Work Commission ordered that the Project Coordination (Australia) Pty Ltd Enterprise Agreement 2011-2015 be terminated with immediate effect. The Commission noted that the termination of the agreement would not result in any detriment to the employees, as they would be entitled to the protection of the relevant awards. The Commission also noted that the termination of the agreement would allow for the negotiation of a new agreement that would better meet the needs of the business and the employees.
Details

Areas of Law

  • Employment & Labour Law

Legal Concepts

  • Enterprise Agreement

  • Termination of Employment Agreement

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Cases Citing This Decision

18

Mambourin Enterprises Ltd [2020] FWC 4148
LCR Group Pty Ltd [2016] FWC 7298
Cases Cited

14

Statutory Material Cited

0

Mills v Meeking [1990] HCA 6