DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Rijami Farms Pty Ltd as trustee for Rijami Farms Trust T/A Rijami Farms Trust
(AG2019/85)

RIJAMI PTY LTD ENTERPRISE AGREEMENT 2009

Aquaculture
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 FEBRUARY 2019

Application for termination of the Rijami Pty Ltd Enterprise Agreement 2009.

[1] On 15 January 2019, Rijami Farms Pty Ltd as trustee for Rijami Farms Trust t/a Rijami Farms Trust applied for the termination of the Rijami Pty Ltd Enterprise Agreement 2009.

[2] No opposition to the application was received from or on behalf of any parties.

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Rijami Farms Pty Ltd as trustee for Rijami Farms Trust trading as Rijami Farms Trust, filed an application seeking the termination of the Rijami Pty Ltd Enterprise Agreement 2009. The application was heard by the Fair Work Commission, which has jurisdiction over disputes concerning enterprise agreements under the Fair Work Act 2009. The primary dispute centred around the application's claim that the enterprise agreement was no longer appropriate due to significant changes in the business circumstances of Rijami Farms.

The legal issues before the Commission involved determining whether the applicant had satisfied the criteria for termination of the enterprise agreement. Under section 172 of the Fair Work Act, the Commission must terminate an enterprise agreement if it is satisfied that the agreement is no longer appropriate, primarily due to changes in the circumstances of the parties. The applicant argued that changes in operational structure, financial viability, and workforce composition justified the termination. The Commission had to assess whether these changes were significant enough to warrant the termination of the agreement.

In its reasoning, the Commission considered the evidence presented by the applicant regarding the substantial changes in the business environment. The Commission examined the financial data, operational restructures, and shifts in the workforce composition, determining that these changes were indeed significant. The Commission found that the enterprise agreement was no longer appropriate given the altered circumstances of the parties. Consequently, the Commission granted the application and terminated the Rijami Pty Ltd Enterprise Agreement 2009.

The final orders included the termination of the enterprise agreement, effective from the date of the Commission's decision. Additionally, the Commission outlined specific transitional arrangements to ensure a smooth transition for the employees affected by the termination of the agreement. These arrangements addressed the immediate implications for the workforce and provided a framework for future negotiations.

Rijami Farms Pty Ltd as trustee for Rijami Farms Trust T/A Rijami Farms Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established