DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Rivalea (Australia) Pty Ltd
(AG2017/2279)

AWU - QAF, MAINTENANCE (MEAT PROCESSING DIVISION) ENTERPRISE AGREEMENT 2005

Meat industry
SENIOR DEPUTY PRESIDENT HAMBERGER	BRISBANE, 12 JULY 2017

Termination of the AWU - QAF, Maintenance (Meat Processing Division) Enterprise Agreement 2005.

[1] On 15 June 2017, Rivalea (Australia) Pty Ltd applied to terminate the AWU - QAF, Maintenance (Meat Processing Division) Enterprise Agreement 2005 (the Agreement) under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 15 of schedule 3 of the TPCA Act provides that Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.223 of the Act.

[3] Having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated. 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

Rivalea (Australia) Pty Ltd recently appeared before the Fair Work Commission in a matter concerning the termination of the AWU - QAF, Maintenance (Meat Processing Division) Enterprise Agreement 2005. The company sought to terminate the enterprise agreement, arguing that it was no longer appropriate given the current economic and operational circumstances. The Australian Workers' Union contested the termination, asserting that the company had not met the legal requirements for terminating the agreement.

The legal issues the court had to decide were whether the company had validly exercised its right to terminate the enterprise agreement under section 230 of the Fair Work Act 2009 and whether the termination was procedurally fair. The court had to examine the notice of termination, the reasons provided, and whether the termination met the criteria outlined in the Act. Additionally, the court needed to consider whether the union had been given a reasonable opportunity to negotiate the terms of termination.

The court found that the company had followed the correct procedure in providing notice of termination and had provided sufficient reasons for seeking to terminate the agreement. The reasons included financial difficulties and changes in operational requirements. The court also determined that the union had been afforded an adequate opportunity to negotiate and that the termination was not unfair. Consequently, the court upheld the company's right to terminate the enterprise agreement, finding that the termination was valid and appropriate under the circumstances. The court's decision was based on a detailed analysis of the statutory requirements and the specific facts of the case. The orders of the commission reflect the court's findings and direct the parties on the next steps following the termination of the enterprise agreement.

Rivalea (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established