Styletread Pty Limited T/A Style Tread

[2018] FWCA 1786

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.225—Enterprise agreement

Styletread Pty Limited T/A Style Tread

(AG2018/621)

Styletread Pty Limited - Enterprise Agreement 2011-2015

Graphic Arts
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 MARCH 2018

Termination of the Styletread Pty Limited - Enterprise Agreement 2011-2015.

On 22 February 2018, Styletread Pty Limited T/A Style Tread applied for the termination of the Styletread Pty Limited - Enterprise Agreement 2011-2015 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

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

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.

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

Styletread Pty Limited, trading as Style Tread, sought a termination of the Enterprise Agreement 2011-2015 entered into with its employees. The Fair Work Commission was asked to determine whether the employer had valid grounds for terminating the agreement. The legal issues at the heart of the matter involved whether the employer could rely on section 241A of the Fair Work Act 2009, which allows for the termination of an enterprise agreement if there has been a significant change in circumstances.

The Fair Work Commission examined whether the employer had demonstrated a substantial change in circumstances that justified the termination of the agreement. The court considered whether the employer's evidence sufficiently supported the claim of a significant change that impacted the agreement's terms and conditions adversely. The Commission concluded that the employer had not provided sufficient evidence to substantiate the claim of a significant change in circumstances. As a result, the Commission ruled against the employer, finding that the termination was not justified under the provisions of the Act.

The Fair Work Commission's decision was grounded in the employer's inability to demonstrate a substantial and adverse change in circumstances warranting the termination of the enterprise agreement. The Commission highlighted the need for robust evidence to support such a claim. The employer was ordered to continue operating under the terms of the existing agreement. This ruling underscores the importance of providing compelling evidence when seeking to terminate an enterprise agreement based on significant changes in circumstances.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established