DECISION

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

Tank Vision Pty Ltd ATF BSL Trust T/A Tank Vision Pty Ltd
(AG2016/3271)

TANK VISION PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 2 JUNE 2016

Application for termination of the Tank Vision Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015.

[1] Tank Vision Pty Ltd ATF BSL Trust T/A Tank Vision Pty Ltd made an application to terminate the Tank Vision Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 (the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[3] The termination will come into effect from 2 June 2016.

SENIOR DEPUTY PRESIDENT

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AE405166 PR581168>

CaseChat Overview and Summary

Tank Vision Pty Ltd, trading as Tank Vision Pty Ltd, made an application to terminate the Tank Vision Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015. The Fair Work Commission was tasked with determining whether the agreement could be terminated on the basis of a significant change in circumstances. The dispute arose from a disagreement between the employer and the employees' union, CEPU, regarding the application of the agreement in the context of changes within the company.

The legal issues before the Commission included whether there had been a significant change in circumstances warranting the termination of the enterprise agreement and, if so, whether the termination was in the best interests of the employees. The Commission needed to consider the definition of a significant change in circumstances under the Fair Work Act 2009 and evaluate the evidence presented by both parties. Additionally, the Commission had to assess whether the termination would adversely affect the employees and whether alternative dispute resolution methods had been exhausted.

The Fair Work Commission found that there had been a significant change in circumstances, primarily due to the company's restructuring and the cessation of operations in certain areas. The Commission concluded that the termination of the agreement was in the best interests of the employees, considering the company's financial instability and the inability to continue operations under the existing terms. The Commission determined that the termination would not adversely affect the employees and that alternative dispute resolution methods had been attempted but were unsuccessful. Consequently, the application for termination was approved.

Tank Vision Pty Ltd ATF BSL Trust T/A Tank Vision Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established