DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Skilled Group Ltd
(AG2019/323)

SKILLED MAINTENANCE FONTERRA - SPREYTON AND WYNYARD SITE ENTERPRISE AGREEMENT 2014-2016

Tasmania
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 FEBRUARY 2019

Application for termination of the SKILLED Maintenance Fonterra - Spreyton and Wynyard Site Enterprise Agreement 2014-2016.

[1] On 13 February 2019, Skilled Group Ltd applied for the termination of the SKILLED Maintenance Fonterra – Spreyton and Wynyard Site Enterprise Agreement 2014-2016.

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

[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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skilled Group Ltd sought to terminate the SKILLED Maintenance Fonterra – Spreyton and Wynyard Site Enterprise Agreement 2014-2016, citing that it was no longer appropriate for the business. The applicant argued that the enterprise agreement was no longer relevant due to significant changes in the business environment and the nature of the work. The Fair Work Commission was the tribunal that heard the case.

The legal issues the court needed to address included whether the changes in the business environment and the nature of the work were significant enough to warrant the termination of the enterprise agreement. Additionally, the court had to determine whether the termination of the agreement would result in adverse consequences for the employees and if the applicant had followed the appropriate procedures in seeking to terminate the agreement.

The court found that the changes in the business environment and the nature of the work were significant enough to warrant the termination of the enterprise agreement. The court noted that the applicant had followed the appropriate procedures in seeking to terminate the agreement and that the termination would not result in adverse consequences for the employees. The court held that the termination of the enterprise agreement was in the best interests of the business and the employees.

The court ordered the termination of the SKILLED Maintenance Fonterra – Spreyton and Wynyard Site Enterprise Agreement 2014-2016, effective from the date of the decision. The court also ordered that the termination would not result in any adverse consequences for the employees. The court held that the termination of the enterprise agreement was in the best interests of the business and the employees.

Skilled Group Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established