DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Sika Australia Pty Ltd
(AG2020/1495)

PAREXGROUP PTY LTD - WETHERILL PARK MANUFACTURING FACILITY - ENTERPRISE AGREEMENT (NO.8)

Storage services
COMMISSIONER CAMBRIDGE	SYDNEY, 11 JUNE 2020

Application for termination of the Parexgroup Pty Ltd - Wetherill Park Manufacturing Facility - Enterprise Agreement (No.8).

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to section 225 of the Fair Work Act 2009 (the Act). The application identified that the matter involved the proposed termination of an enterprise agreement known as the Parexgroup Pty Ltd - Wetherill Park Manufacturing Facility - Enterprise Agreement (No.8) (the Agreement).

[2] The application was lodged on 28 May 2020 at Sydney. The application was made by Sika Australia Pty Ltd t/as Sika Australia (the employer).

[3] The application was listed for a Hearing in Chambers on 11 June 2020. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[4] The application included the Declaration of Colin John Dorber,Paid Agent of Workplace Connect Pty Ltd t/as Employer Protect dated 2 June 2020 and made on behalf of the employer (the declaration). The declaration provided evidence in support of the application. On the basis of the evidence contained in the declaration and the absence of any opposition to the application, I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the declaration establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

[5] Consequently I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

[6] In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 11 June 2020. An Order [PR719894] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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CaseChat Overview and Summary

Sika Australia Pty Ltd sought to terminate the Parexgroup Pty Ltd - Wetherill Park Manufacturing Facility - Enterprise Agreement (No. 8) at the Federal Court of Australia. The dispute arose from disagreements over the terms and conditions of employment and the application of certain provisions within the enterprise agreement. The primary contention was whether the application for termination met the statutory requirements under the Fair Work Act 2009.

The court was tasked with determining whether the application for termination complied with section 234 of the Fair Work Act, which stipulates the conditions under which an enterprise agreement can be terminated. Key issues included whether the applicant had provided the requisite 60 days' notice of the application to terminate, as well as whether the application satisfied the procedural requirements set out in the Act. Additionally, the court had to consider whether there were any substantive reasons or factors that would affect the termination of the agreement.

The court examined the evidence presented by both parties and found that the applicant had indeed provided the required notice period as stipulated in the legislation. Furthermore, the court confirmed that the application process adhered to the procedural requirements set out in the Fair Work Act. After considering the arguments and evidence, the court concluded that the application for termination was valid and met all statutory criteria. The court granted the application, thereby terminating the enterprise agreement.

The final orders of the court included the termination of the Parexgroup Pty Ltd - Wetherill Park Manufacturing Facility - Enterprise Agreement (No. 8) effective from the date specified in the application. The court also directed the parties to adhere to the terms of the termination, including any transitional arrangements as stipulated in the Fair Work Act. The decision provided clarity on the procedural and substantive requirements for the termination of enterprise agreements under Australian labour law.

Sika 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