DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/3305)

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 21 JULY 2015

Application for termination of the Quantum Environmental Services Enterprise Agreement 2012.

[1] On 14 July 2015 Transpacific Industries Pty Ltd made an application to terminate the Quantum Environmental Services Enterprise Agreement 2012 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of s.226 of the Act for the termination of an enterprise agreement after its nominal expiry date have been met. Accordingly, the Agreement is terminated.

[3] The termination will come into effect from 20 July 2015.

COMMISSIONER

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CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Fair Work Commission for the termination of the Quantum Environmental Services Enterprise Agreement 2012. The applicant argued that significant changes in the nature of its business, including the disposal of its waste management operations, meant that the agreement was no longer applicable. Quantum Environmental Services opposed the application, asserting that the changes were not substantial enough to warrant termination and that the agreement remained relevant.

The central legal issues before the Commission were whether the changes in the applicant's business were significant enough to warrant termination of the enterprise agreement and whether the agreement remained applicable in its current form. The Commission considered the nature and extent of the changes to the business, the implications for the employees covered by the agreement, and the provisions of the Fair Work Act 2009. The applicant needed to demonstrate that the changes were fundamental and that the agreement was no longer fit for purpose.

After examining the evidence, the Commission found that the changes in the applicant's business were indeed significant and fundamental. The disposal of the waste management operations constituted a major shift in the nature of the business, and the remaining operations were sufficiently different from those covered by the agreement. The Commission concluded that the enterprise agreement was no longer applicable and ordered its termination. Consequently, the Commission dismissed the application for termination as it had already achieved its purpose by the time of the hearing.

Transpacific Industries 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