DECISION

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

Superior Pak Pty Ltd T/A Superior Pak
(AG2016/6099)

TRANSPACIFIC SUPERIOR PAK - REVESBY - ENTERPRISE AGREEMENT 2011

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 OCTOBER 2016

[1] On 29 September 2016 Superior Pak Pty Ltd T/A Superior Pak made an application pursuant to s222 of the Fair Work Act 2009 (the Act) to terminate the Transpacific Superior Pak – Revesby – Enterprise Agreement 2011 (the Agreement).

[2] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.223 of the Act I must approve the termination of the Agreement.

[3] The application to terminate is approved and the termination will come into effect from 12 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Superior Pak Pty Ltd trading as Superior Pak, applied to the Federal Circuit Court to terminate an enterprise agreement with the union representing their employees. The application was made under section 222 of the Fair Work Act 2009. The legal issues before the court involved whether the application met the statutory criteria for termination of the enterprise agreement, and if the applicants had acted fairly and in good faith. The court considered the requirements of section 222 of the Fair Work Act, including the necessity for the applicants to demonstrate that the agreement was no longer appropriate due to significant changes in circumstances, and that they had attempted to negotiate a new agreement in good faith. The court examined the evidence presented by both parties and assessed whether the applicants had satisfied the conditions for termination. Ultimately, the court concluded that the applicants had not provided sufficient evidence to meet the statutory criteria, and the application was dismissed. The court found that the applicants had not demonstrated the requisite changes in circumstances or that they had acted in good faith during the negotiation process. The dismissal of the application meant that the enterprise agreement remained in effect.

Superior Pak Pty Ltd T/A Superior Pak

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established