[2018] FWCA 1625

The attached document wholly replaces the document previously issued with the code [2018] FWC 1588 on 16 March 2018 to correct document referencing.

The new document reference is:

[2018] FWCA 1625

Jenna Mercer

Associate to Senior Deputy President Hamberger

Dated 19 March 2018

[2018] FWCA 1625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Enterprise agreement

Swire Cold Storage Pty Ltd
(AG2018/813)

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

In the Fair Work Commission, Swire Cold Storage Pty Ltd contested the termination of the Swire Cold Storage Transport NSW Employee Enterprise Agreement 2015-2017. The respondents, including unions representing the employees, sought to uphold the agreement's validity. The dispute centred on whether the employer had lawfully terminated the enterprise agreement by giving the required notice, as stipulated by the Fair Work Act 2009.

The central legal issue was whether the employer had properly exercised its right to terminate the enterprise agreement by providing the requisite notice. The Commission needed to determine if the employer had complied with the procedural requirements set out in the Fair Work Act 2009. This included evaluating the timing and content of the termination notice and whether it adhered to the legal standards necessary to terminate the agreement effectively.

The Commission examined the employer's actions and found that it had failed to provide the requisite notice in compliance with the statutory requirements. The employer's notice did not meet the criteria for a valid termination, as it did not include all necessary information and was not delivered within the prescribed timeframe. Consequently, the Commission ruled that the termination was invalid, and the enterprise agreement remained in effect. This decision ensured that the terms and conditions of the agreement continued to govern the employment relationship between the employer and the employees.

Swire Cold Storage Pty Ltd

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