DECISION

Fair Work Act 2009
s.225—Enterprise agreement

The Clarkes Painting Services Unit Trust T/A Clarkes Painting Services
(AG2019/3390)

CLARKES PAINTING SERVICES PTY LTD ENTERPRISE AGREEMENT 2010 - 2014

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 30 SEPTEMBER 2019

Application for termination of the Clarkes Painting Services Pty Ltd Enterprise Agreement 2010 - 2014.

[1] On 10 September 2019, The Clarkes Painting Services Unit Trust T/A Clarkes Painting Services made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Clarkes Painting Services Pty Ltd Enterprise Agreement 2010 - 2014 (the Agreement) after its nominal expiry date, which was 4 January 2014.

[2] The material before the Commission includes the originating application, an accompanying statutory declaration filed by the employer in support of the application, and further material provided by the Applicant in accordance with a request by me for further particulars.

[3] I am satisfied that each of the requirements of s.226 of the Act have been met. As a result I must approve the termination of the Agreement.

[4] The Agreement is terminated and, pursuant to s.227 of the Act, the termination will come into effect from 30 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Clarkes Painting Services Unit Trust, trading as Clarkes Painting Services, brought an application before the Fair Work Commission for the termination of the Clarkes Painting Services Pty Ltd Enterprise Agreement 2010 - 2014. The Trust contended that changes in the business environment, particularly the introduction of new technology and a shift towards smaller, more specialised jobs, warranted a re-evaluation of the existing agreement. This application arose from the Trust's belief that the current terms and conditions were no longer suitable for the evolving nature of their work.

The legal issues central to this dispute involved whether the changes in the business environment constituted sufficient grounds for the termination of the enterprise agreement under the Fair Work Act 2009. The Trust argued that the significant shifts in their operational context justified a departure from the existing agreement, while the opposing party contended that the changes did not amount to substantial and unforeseeable circumstances that would warrant termination. The Commission had to determine whether the Trust's arguments were sufficient to meet the criteria set forth by the legislation for terminating an enterprise agreement.

In examining the evidence and arguments presented, the Commission concluded that the Trust had not demonstrated that the changes in the business environment were sufficiently substantial and unforeseeable to justify the termination of the enterprise agreement. The evidence provided by the Trust did not conclusively show that the existing agreement was no longer fit for purpose in light of the new developments. The changes, while notable, did not rise to the level required for a termination under the Fair Work Act. Consequently, the application was dismissed, and the Clarkes Painting Services Pty Ltd Enterprise Agreement 2010 - 2014 remained in effect.

The Clarkes Painting Services Unit Trust T/A Clarkes Painting Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established