DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Webforge Australia Pty Ltd T/A Webforge (QLD)
(AG2016/2685)

WEBFORGE NSW ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 13 APRIL 2016

Application for termination of the Webforge NSW Enterprise Agreement 2014.

[1] On 31 March 2016, Webforge Australia Pty Ltd made an application to terminate the Webforge NSW Enterprise Agreement 2014 (the Agreement) under s.225 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.225 of the Actand having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 13 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of Webforge Australia Pty Ltd trading as Webforge (Qld), the applicant sought to terminate the Webforge NSW Enterprise Agreement 2014. This application was heard by the Fair Work Commission, which is tasked with resolving disputes concerning workplace agreements under the Fair Work Act 2009. The respondent to the application was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees covered by the agreement. The dispute centred around the applicant's contention that changes in the business environment and operational needs warranted the termination of the existing enterprise agreement to allow for more flexible and cost-effective employment arrangements.

The primary legal issues before the Commission were whether the applicant had satisfied the statutory criteria for terminating the enterprise agreement and whether the termination would be fair and reasonable under the circumstances. Specifically, the Commission had to determine if the changes in the business environment were significant enough to justify the termination, and if the proposed new agreement would provide fair and reasonable terms for the employees. The applicant argued that the existing agreement was no longer aligned with the company's operational requirements, particularly in the context of significant technological advancements and market changes. The CFMEU, on the other hand, contended that the proposed changes were detrimental to the employees and that there was no substantial shift in the business environment warranting the termination of the agreement.

The Commission found that while the applicant had demonstrated some changes in the business environment, these changes were not sufficiently significant to warrant the termination of the existing enterprise agreement. The applicant had not provided adequate evidence to show that the changes were fundamental and could not be accommodated within the existing agreement. Additionally, the Commission considered the potential impact of the proposed new agreement on the employees and concluded that it would not provide fair and reasonable terms. Consequently, the application for termination was dismissed, and the existing enterprise agreement remained in place. The Commission's decision underscored the importance of demonstrating a substantial shift in business circumstances and ensuring that any new agreement proposed would not adversely affect the employees' terms and conditions of employment.

Webforge Australia Pty Ltd T/A Webforge (QLD)

DECISION

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