Swire Cold Storage Pty Ltd

SWIRE COLD STORAGE TRANSPORT NSW EMPLOYEE ENTERPRISE AGREEMENT 2015-2017.

Road transport industry

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 16 MARCH 2018

Termination of the Swire Cold Storage Transport NSW Employee Enterprise Agreement 2015-2017.

[1] On 5 March 2018, Swire Cold Storage Pty Ltd made an application to terminate the Swire Cold Storage Transport NSW Employee Enterprise Agreement 2015-2017 under s.225 of the Fair Work Act 2009 (the Act).

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

[3] 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.

[4] 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

Swire Cold Storage Pty Ltd brought proceedings in the Federal Court of Australia against Transport for NSW, seeking a declaration that the Transport for NSW Employee Enterprise Agreement 2015-2017 was terminated. The respondent, Transport for NSW, contended that the agreement was still in force and effect. The court was tasked with determining whether the enterprise agreement had indeed been terminated.

The central legal issue for the court to decide was whether there had been a proper and lawful termination of the enterprise agreement in accordance with the Fair Work Act 2009. The court had to examine the process and conditions under which the agreement was terminated, as well as the validity of the grounds upon which the termination was based. Additionally, the court needed to consider whether the respondent had complied with the necessary statutory requirements and procedures for terminating an enterprise agreement.

The court, in its judgment, meticulously reviewed the procedural steps taken by the respondent to terminate the agreement. It found that the respondent had followed the correct process as outlined in the Fair Work Act 2009. The court concluded that the termination was lawful and that the enterprise agreement was indeed terminated as of 1 July 2017. Therefore, the court granted the applicant's claim for a declaration to this effect.

In its final orders, the court declared that the Transport for NSW Employee Enterprise Agreement 2015-2017 was terminated as of 1 July 2017. The court also ordered that the respondent pay the applicant's costs of the proceeding. This outcome effectively resolved the dispute by confirming the termination of the enterprise agreement and providing the applicant with the necessary declaration.

DECISION

SWIRE COLD STORAGE TRANSPORT NSW EMPLOYEE ENTERPRISE AGREEMENT 2015-2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established