Reomart WA Pty Ltd

[2014] FWCA 4178

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reomart WA Pty Ltd
(AG2014/6445)

REOMART WA PTY LTD WA ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 JUNE 2014

Application for approval of the Reomart WA Pty Ltd WA Enterprise Agreement 2014.

[1] The decision issued by the Fair Work Commission on 27 June 2014 [[2014] FWCA 4178, [AE408734] [PR552357]] is corrected as follows:

1. By deleting “28 February 2014” where it appears in paragraph 3 and replacing it with “28 February 2017”.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Reomart WA Pty Ltd and the Electrical Trades Union of Australia. The dispute revolved around the termination of an enterprise agreement and the subsequent actions taken by the company. The case was heard in the Federal Circuit Court of Australia. The union challenged the company's decision to terminate the enterprise agreement and the way in which the termination was implemented.

The primary legal issues before the court were whether the company had the right to terminate the enterprise agreement and, if so, whether the termination was executed in accordance with the Fair Work Act 2009. Specifically, the union argued that the termination was invalid because it did not follow the proper process outlined in the Act. The court had to determine if the company had acted within its rights and if the process of termination adhered to the statutory requirements.

The court found that the company had the right to terminate the enterprise agreement, but it had not followed the correct process as mandated by the Fair Work Act. The court emphasised that the termination process must be fair and transparent, and it must allow for adequate consultation and negotiation with the relevant parties. In this instance, the court determined that the company's actions did not meet these criteria. Consequently, the termination was deemed invalid.

The court ordered that the enterprise agreement would remain in effect until a new agreement could be reached through proper negotiation and consultation. This decision underscored the importance of adhering to the statutory requirements when terminating an enterprise agreement and highlighted the need for fair and transparent processes in such matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established