DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Skilled Group Limited
(AG2018/6271)

SKILLED GROUP LTD (2 BEVERAGE DRIVE, TULLAMARINE) PRODUCTION AND WAREHOUSE SEASONAL EMPLOYEES ENTERPRISE BARGAINING AGREEMENT 2008

Clerical industry
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2018

Application for termination of the SKILLED Group Ltd (2 Beverage Drive, Tullamarine) Production and Warehouse Seasonal Employees Enterprise Bargaining Agreement 2008.

[1] On 12 November 2018, Skilled Group Limited applied for the termination of the SKILLED Group Ltd (2 Beverage Drive, Tullamarine) Production and Warehouse Seasonal Employees Enterprise Bargaining Agreement 2008 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] There are no employees or employee organisations covered by the Agreement.

[3] 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.

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

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Skill Group Limited, sought to terminate the Production and Warehouse Seasonal Employees Enterprise Bargaining Agreement 2008, which governs the employment conditions of seasonal workers at their Tullamarine location. The applicant argued that changes in the nature of their business operations and economic factors necessitated the termination of the existing agreement to remain competitive. The Fair Work Commission was the forum for this dispute.

The legal issues before the Commission involved whether the applicant had demonstrated a genuine and sufficient change in the business circumstances of the enterprise that warranted the termination of the existing enterprise agreement. The Commission had to determine if the changes presented by the applicant were substantial and warranted a departure from the status quo established by the agreement. Additionally, the Commission needed to consider the potential impact of the proposed termination on the employees covered by the agreement.

The Fair Work Commission concluded that the applicant had not provided sufficient evidence to demonstrate a genuine and substantial change in the business circumstances warranting the termination of the existing agreement. The Commission found that the changes presented by the applicant did not justify a departure from the existing agreement. Consequently, the application for termination was dismissed. The Commission emphasised the importance of maintaining stability in employment conditions and the need for robust evidence to support significant changes to existing agreements. The Commission's decision upheld the existing enterprise agreement, ensuring continued protection for the employees involved.

Skilled Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established