ResCo Labour and Training Pty Ltd

[2013] FWCA 8190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

ResCo Labour and Training Pty Ltd
(AG2013/9618)

RESCO LABOUR & TRAINING PTY LTD NEW SOUTH WALES TRAINEE ENTERPRISE AGREEMENT 2012

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 21 OCTOBER 2013

Application for termination of the ResCo Labour and Training Pty Ltd New South Wales Trainee Enterprise Agreement 2012.

[1] On 27 September 2013, Resco Labour and Training Pty Ltd made an application to terminate the ResCo Labour and Training Pty Ltd New South Wales Trainee Enterprise Agreement 2012 (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 21 October 2013.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from ResCo Labour and Training Pty Ltd, seeking the termination of their New South Wales Trainee Enterprise Agreement 2012. The primary dispute centred around the ongoing relevance and fairness of the agreement, particularly in light of changing industry standards and the economic landscape.

The central legal issues before the commission involved determining whether the existing agreement remained fair and relevant, and if so, whether it should be terminated. This required careful consideration of the Fair Work Act 2009, including sections related to the criteria for terminating an enterprise agreement and the process for assessing fairness.

In its decision, the commission carefully examined the evidence presented by both parties. It considered the economic context, industry changes, and the impact on the employees. The commission found that while the agreement had served its purpose in the past, the current conditions warranted a review. Ultimately, the commission determined that the agreement should be terminated, as it was no longer fair and relevant in the present circumstances. This decision was based on the need to adapt to the evolving industry and economic environment.

The commission issued orders terminating the New South Wales Trainee Enterprise Agreement 2012 for ResCo Labour and Training Pty Ltd, effective from the date of the decision. This decision provides clarity and direction for the parties involved, allowing them to negotiate new terms that better reflect the current realities of their industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established