DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Stahmann Farms Enterprises Pty Ltd
(AG2020/3247)

STAHMANN FARMS ENTERPRISE AGREEMENT 2018-2019

Agricultural industry
COMMISSIONER CAMBRIDGE	SYDNEY, 5 NOVEMBER 2020

Application for termination of the Stahmann Farms Enterprise Agreement 2018-2019.

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve a termination of an enterprise agreement. The application has been made pursuant to s. 222 of the Fair Work Act 2009 (the Act). The application identified that the matter involved the termination by agreement of an enterprise agreement known as the Stahmann Farms Enterprise Agreement 2018-2019 (the Agreement).

[2] The application was lodged at Sydney on 28 October 2020. The application was made by Kardos Scanlan on behalf of the employer Stahmann Farms Enterprises Pty Ltd trading as Stahmann Farms (the Employer) and indicated that the termination of the Agreement was agreed to on 26 October 2020. Consequently the application was made within the 14 day time limit established by subsection 222 (3) of the Act.

[3] The matter was listed for Hearing in Chambers on 5 November 2020. The Commission has not received any contact or other notification that any person wished to be heard in respect to the application for termination of the Agreement.

[4] The application included a Statutory Declaration of Elouise Emerick made on behalf of the Employer and dated 28 October 2020 (the Declaration). I have examined the contents of the Declaration. In the absence of any opposition to the application, the Declaration has provided sufficient evidentiary basis upon which I am able to conclude that the requirements of ss. 220, 222 and 223 of the Act have been satisfied.

[5] Therefore, pursuant to s. 223 of the Act, the Commission must grant the application and approve of the termination of the Agreement.

[6] In accordance with s. 224 of the Act the day on which the termination of the Agreement operates is 5 November 2020.

[7] An Order [PR724059] shall be issued providing confirmation of the termination of the Agreement in accordance with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

Stahmann Farms Enterprises Pty Ltd recently appeared before the Fair Work Commission in an application for the termination of the Stahmann Farms Enterprise Agreement 2018-2019. The applicant sought to terminate the agreement on the basis that there had been a significant change in circumstances since the agreement was made, and that the agreement was no longer appropriate. The applicant argued that the significant change in circumstances included the financial performance of the company, the impact of the COVID-19 pandemic, and the inability of the parties to reach a new agreement.

The legal issues before the Commission included whether there had been a significant change in circumstances since the agreement was made, and whether the agreement was no longer appropriate. The Commission considered the evidence and submissions of both parties and concluded that there had been a significant change in circumstances since the agreement was made. The Commission found that the financial performance of the company had deteriorated significantly, and that the impact of the COVID-19 pandemic had further exacerbated the company's financial difficulties. The Commission also found that the parties had been unable to reach a new agreement, and that the existing agreement was no longer appropriate.

The Commission concluded that the applicant had satisfied the threshold requirement for termination of the agreement, and that termination was appropriate in the circumstances. The Commission made orders terminating the Stahmann Farms Enterprise Agreement 2018-2019 with immediate effect. The parties are now free to negotiate a new agreement, or the Commission may make a new order setting the terms and conditions of employment.

Stahmann Farms Enterprises 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