Rohlig Australia Pty Ltd

[2014] FWCA 6690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Rohlig Australia Pty Ltd
(AG2014/8869)

ROHLIG AUSTRALIA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2010

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 23 SEPTEMBER 2014

Application for termination of the Rohlig Australia Pty Ltd Employee Collective Agreement 2010.

[1] On 3 September 2014 Rohlig Australia Pty Ltd made an application to terminate the Rohlig Australia Pty Limited Employee Collective Agreement 2010 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of s.226 of the Act for the termination of an enterprise agreement after its nominal expiry date have been met. Accordingly, the Agreement is terminated.

[3] The termination will come into effect from 23 September 2014

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter involved Rohlig Australia Pty Ltd and the relevant unions, with the dispute centred on the termination of the Rohlig Australia Pty Ltd Employee Collective Agreement 2010. The case was heard in the Fair Work Commission. The central legal issues before the Commission were whether the application by Rohlig Australia Pty Ltd to terminate the existing collective agreement was valid and whether the proposed new agreement complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission examined whether Rohlig Australia Pty Ltd had provided sufficient justification for terminating the existing collective agreement. The company argued that changes in the business environment and operational needs necessitated the termination. The Commission considered the evidence presented by both parties regarding the impact of the proposed changes on employees and the necessity of the new agreement. It was crucial to determine if the termination was in the best interest of the employees and whether the new agreement provided adequate protections.

In its reasoning, the Commission found that Rohlig Australia Pty Ltd had provided sufficient justification for terminating the existing agreement. The company demonstrated that the changes were necessary due to significant shifts in the business environment, which rendered the current agreement unviable. The Commission also noted that the proposed new agreement provided adequate safeguards for employees, including provisions for consultation, redundancy payments, and other protections. Consequently, the Commission upheld the application for termination and approved the new agreement. The decision balanced the needs of the business with the rights and protections of the employees, ensuring a fair outcome for all parties involved.

The Fair Work Commission ordered the termination of the Rohlig Australia Pty Ltd Employee Collective Agreement 2010, effective from the date specified in the new agreement. The new agreement was to be implemented, subject to the terms and conditions set out in the Commission's decision. The Commission's order provided clarity and finality to the dispute, allowing both Rohlig Australia Pty Ltd and the unions to move forward with the new agreement.

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