DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Silcar Pty Ltd
(AG2017/4868)

SILCAR COMMUNICATIONS AND CEPU UNION ENTERPRISE AGREEMENT 2012

Telecommunications services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 8 NOVEMBER 2017

Application for termination of the Silcar Communications and CEPU Union Enterprise Agreement 2012.

[1] On 16 October 2017, Silcar Pty Ltd applied for the termination of the Silcar Communications and CEPU Union Enterprise Agreement 2012 (the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

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

[3] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from 6 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Silcar Pty Ltd involved a dispute between the company and the Communications Electrical Plumbing Union (CEPU) over the termination of their Enterprise Agreement. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The central issue before the court was whether the statutory requirements for terminating an enterprise agreement were satisfied, specifically whether the agreement could be terminated on the grounds of significant change in circumstances.

The court examined the evidence presented by both parties regarding the changes in the industry, technological advancements, and the economic context to determine if these changes were significant enough to warrant the termination of the agreement. It was noted that the union argued the changes did not justify termination, while the company contended that the changes had fundamentally altered the nature of the workforce and the business operations, necessitating a new agreement.

After considering the evidence and arguments, the court concluded that the changes were indeed significant and justified the termination of the existing agreement. The court found that the company had met the statutory criteria for termination, and accordingly, the Silcar Communications and CEPU Union Enterprise Agreement 2012 was terminated. The decision allowed the parties to negotiate a new agreement that better reflected the current economic and operational realities.

Silcar 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