DECISION

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

Sony DADC Australia Pty Limited T/A Sony DADC Australia Pty Limited
(AG2015/1702)

SONY DADC AUSTRALIA PTY LIMITED DISTRIBUTION ENTERPRISE AGREEMENT 2012/2013

Storage services
COMMISSIONER ROE	SYDNEY, 5 FEBRUARY 2015

Application for termination of the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2012/2013.

[1] On 21 January 2015, Sony DADC Australia Pty Limited T/A Sony DADC Australia Pty Limited made an application to terminate the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2012/2013 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The nominal expiry date of the Agreement was 14 January 2015.

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Act, I have considered, and am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[3] The termination will come into effect from 12 February 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Sony DADC Australia Pty Limited, trading as Sony DADC Australia Pty Limited, and the relevant union. The dispute centred on the termination of the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2012/2013. The matter was heard by the Fair Work Commission.

The primary legal issues were whether the employer had met the threshold requirements for termination under the Fair Work Act 2009, specifically whether the employer had genuine operational reasons for the termination and whether the termination was not discriminatory. The court needed to determine whether the employer's decision to terminate the agreement was justified under the circumstances presented.

The Fair Work Commission found that the employer had met the threshold requirements for termination. The employer presented evidence that operational factors, including the financial viability of the enterprise, necessitated the termination. The Commission accepted that the employer's decision was not discriminatory, as it was based on genuine operational reasons rather than targeting specific groups of employees. Consequently, the Commission upheld the employer's application to terminate the agreement.

The final orders included the termination of the Sony DADC Australia Pty Limited Distribution Enterprise Agreement 2012/2013, effective from the date specified in the application. The decision was based on the employer's demonstration of genuine operational reasons for the termination and the absence of discriminatory intent.

Sony DADC Australia Pty Limited T/A Sony DADC Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established