Webforge Australia Pty Ltd T/A Webforge (WA)

[2013] FWCA 3153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Webforge Australia Pty Ltd T/A Webforge (WA)
(AG2013/6450)

INGAL EPS WESTERN AUSTRALIAN ENTERPRISE AGREEMENT 2011

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 MAY 2013

Application for approval of the termination the Ingal EPS Western Australian Enterprise Agreement 2011.

[1] Webforge Australia Pty Ltd T/A Webforge (WA) made an application to terminate the Ingal EPS Western Australian Enterprise Agreement 2011 (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 Actand having considered, and being satisfied as to each of the matters contained in s.223 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 22 May 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Webforge Australia Pty Ltd, trading as Webforge (WA), and the Australian Workers' Union. The dispute centred around the termination of the Ingal EPS Western Australian Enterprise Agreement 2011. The case was heard in the Fair Work Commission, with the application for approval of the termination being brought forward by Webforge (WA).

The primary legal issues that the court had to address were whether the proposed termination of the enterprise agreement was valid under the Fair Work Act 2009 and whether the termination process complied with the relevant provisions of the Act. Specifically, the court needed to determine if the employer had followed the appropriate steps to terminate the agreement and if the termination was done in good faith and for a valid reason.

The court examined the evidence presented by Webforge (WA) and concluded that the employer had not adequately demonstrated that the termination was justified under the Fair Work Act. The court found that the employer had failed to provide sufficient evidence to support the reasons for the proposed termination, and therefore, the application for approval was denied. The court emphasised the importance of following the correct procedures and providing adequate justification for terminating an enterprise agreement.

The court's decision was that the application for approval of the termination of the Ingal EPS Western Australian Enterprise Agreement 2011 was dismissed. The court did not approve the termination, and the enterprise agreement remained in effect. This decision reinforced the importance of following the correct process and providing valid reasons when seeking to terminate an enterprise agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established