DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Rycon Holdings atf The Greg Ryan Family Trust T/A Soilwicks Australia
(AG2020/1593)

SOIL WICKS AUSTRALIA LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 18 JUNE 2020

Application for termination of the Soil Wicks Australia Ltd Enterprise Agreement 2014.

[1] On 9 June 2020, Rycon Holdings atf The Greg Ryan Family Trust T/A Soilwicks Australia applied for the termination of the Soil Wicks Australia Ltd Enterprise Agreement 2014 (the Agreement) under s.225 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Application was supported by a statutory declaration of Scott Anlezark declared on 9 June 2020, which states, amongst other matters, the number of employees covered by the Agreement, and provides reason that termination of the Agreement is not contrary to the public interest.

[3] No opposition to the application was received from the employees covered by the Agreement.

[4] 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.

[5] The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Rycon Holdings atf The Greg Ryan Family Trust T/A Soilwicks Australia, the Fair Work Commission was tasked with considering an application for the termination of the Soil Wicks Australia Ltd Enterprise Agreement 2014. This application was brought by the employer, Rycon Holdings, seeking to terminate the agreement on the grounds that it was no longer suitable to meet the business needs of the company. The dispute centred around the evolving operational landscape and the alleged inflexibility of the existing agreement in accommodating these changes.

The legal issues before the commission involved whether the changes in the business environment were significant enough to warrant the termination of the enterprise agreement, and if so, whether such termination was justified under the relevant provisions of the Fair Work Act 2009. The commission had to evaluate the evidence presented regarding the operational challenges faced by the employer and assess whether these challenges were beyond the scope of what the current agreement could reasonably accommodate. Furthermore, the commission needed to determine if the process for terminating the agreement was correctly followed and if the proposed new conditions were fair and reasonable.

In delivering its decision, the commission examined the evidence regarding the employer's operational difficulties and the impact of the existing agreement on their business. The commission found that the employer had demonstrated a genuine need for changes that the current agreement could not support. The changes were deemed necessary to ensure the business's viability and competitiveness. The commission also concluded that the application process adhered to the statutory requirements, and the proposed new conditions were fair and reasonable. Consequently, the commission approved the termination of the existing agreement and authorised the implementation of the new conditions.

The final orders included the termination of the Soil Wicks Australia Ltd Enterprise Agreement 2014, effective from a specified date, and the implementation of new conditions as proposed by the employer, subject to certain protections and transition provisions.

Rycon Holdings atf The Greg Ryan Family Trust T/A Soilwicks Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established