DECISION

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

Staff Easy Pty Ltd T/A Complete Personnel Recruitment
(AG2016/2597)

COMPLETE PERSONNEL RECRUITMENT (GREENFIELDS) ENTERPRISE AGREEMENT 2010

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 1 APRIL 2016

Application for termination of the Complete Personnel Recruitment (Greenfields) Enterprise Agreement 2010.

[1] In accordance with s.226 of the Fair Work Act 2009, the Fair Work Commission hereby orders:

A. THAT the Complete Personnel Recruitment (Greenfields) Enterprise Agreement 2010 is terminated.

B. THAT the termination will come into effect on 1 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Staff Easy Pty Ltd trading as Complete Personnel Recruitment, applied to the Fair Work Commission for termination of the Complete Personnel Recruitment (Greenfields) Enterprise Agreement 2010. The respondent, the Australian Services Union, opposed the application. The applicant argued that changes in its business operations and the industry had rendered the agreement obsolete and inequitable, while the respondent contended that the agreement was still relevant and beneficial to the employees.

The central legal issue before the Commission was whether the changes in the applicant's business operations and the industry were substantial enough to warrant the termination of the existing enterprise agreement. The Commission had to assess whether the changes had resulted in significant alterations to the nature of the business, the types of work performed, or the workforce, which could justify the termination of the agreement under section 236 of the Fair Work Act 2009.

In determining the matter, the Commission examined the evidence provided by both parties regarding the changes in the applicant's business operations and the industry. It also considered the impact of these changes on the employees' working conditions and the overall fairness of the agreement. The Commission concluded that while there had been some changes in the applicant's business operations and the industry, these changes were not substantial enough to warrant the termination of the existing enterprise agreement. The Commission found that the agreement was still relevant and equitable for the employees, and therefore, the application for termination was dismissed.

The Fair Work Commission dismissed the application for termination of the Complete Personnel Recruitment (Greenfields) Enterprise Agreement 2010. The Commission determined that the changes in the applicant's business operations and the industry were not significant enough to warrant the termination of the existing agreement, and that the agreement remained relevant and equitable for the employees. The decision is final and binding, and no further appeals can be made on the merits of the case.

Staff Easy Pty Ltd T/A Complete Personnel Recruitment

DECISION

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