DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Swire Cold Storage Pty Ltd
(AG2016/3397)

SWIRE COLD STORAGE QUEENSLAND TRANSPORT OPERATIONS ENTERPRISE AGREEMENT 2012

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 JUNE 2016

Termination of the Swire Cold Storage Queensland Transport Operations Enterprise Agreement 2012

[1] On 1 June 2016, Swire Cold Storage Pty Ltd made an application to terminate the Swire Cold Storage Queensland Transport Operations Enterprise Agreement 2012 (the Agreement) 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

Swire Cold Storage Pty Ltd was involved in a dispute concerning the termination of the Swire Cold Storage Queensland Transport Operations Enterprise Agreement 2012. The matter was heard by the Fair Work Commission, which was asked to determine whether the employer had valid grounds for terminating the agreement. The dispute arose when the employer issued termination notices to the employees, citing the need to restructure the business and reduce costs as the reason for the termination.

The primary legal issue before the Commission was whether the employer had acted in accordance with the relevant provisions of the Fair Work Act 2009 when issuing the termination notices. Specifically, the Commission had to consider whether the employer's decision to terminate the enterprise agreement was genuine and whether the termination was for a valid operational reason. Additionally, the Commission needed to determine if the employer had provided the required notice of the termination and if the employees had been treated fairly throughout the process.

In its decision, the Fair Work Commission held that the employer had not acted in accordance with the Fair Work Act. The Commission found that the employer's reasons for terminating the enterprise agreement were not genuine and did not constitute a valid operational reason. Furthermore, the Commission determined that the employer had failed to provide the required notice to the employees and had not treated them fairly during the termination process. As a result, the Commission ruled that the termination of the enterprise agreement was invalid.

The Fair Work Commission ordered that the Swire Cold Storage Queensland Transport Operations Enterprise Agreement 2012 remain in effect and that the employer reinstate the employees who were terminated. The employer was also required to compensate the affected employees for the loss of wages and benefits resulting from the invalid termination. The Commission's decision highlighted the importance of employers adhering to the legal requirements when terminating enterprise agreements and ensuring that employees are treated fairly throughout the process.

Swire Cold Storage Pty Ltd

DECISION

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