Western Resource Recovery Pty Ltd

[2016] FWCA 472

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Western Resource Recovery Pty Ltd T/A Western Resource Recovery

(AG2015/7902)

WESTERN RESOURCE RECOVERY ENTERPRISE AGREEMENT

2012

Waste management industry

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 22 JANUARY 2016

Termination of the Western Resource Recovery Enterprise Agreement 2012.

[1] On 24 December 2015, Western Resource Recovery Pty Ltd T/A Western Resource

Recovery made an application to terminate the Western Resource Recovery Enterprise

1

Agreement 2012

(the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.
[3] 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.

[4] The termination will come into effect on 29 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE899160.

Western Resource Recovery Pty Ltd applied to terminate the Western Resource Recovery Enterprise Agreement 2012. The application was made under section 222 of the Fair Work Act 2009, and the Fair Work Commission was tasked with determining whether the application should be approved. The agreement in question governed the waste management industry and was in place between Western Resource Recovery Pty Ltd and its employees. The legal issues that arose from this application concerned the validity of the application and whether the statutory criteria for termination set out in section 223 of the Act were satisfied.

The Court examined the circumstances under which the application was made and confirmed that there was no opposition to the application. It then considered whether the conditions for terminating the agreement were met. These conditions include whether the agreement was no longer in effect, whether the termination would not be detrimental to the employees, and whether the application was made in good faith. The Court found that all the criteria were satisfied, and the application was approved.

The Fair Work Commission determined that the Western Resource Recovery Enterprise Agreement 2012 would be terminated. The decision was made in light of the applicant's compliance with the statutory requirements for termination. The termination was set to take effect on 29 January 2016. The Court's decision was based on the statutory criteria and the absence of any opposition to the application. The Fair Work Commission found that the termination would not be detrimental to the employees and that the application was made in good faith. The decision reflects the Court's commitment to upholding the principles of the Fair Work Act.

The final order was that the Western Resource Recovery Enterprise Agreement 2012 would be terminated, effective 29 January 2016. The Court's decision was made in accordance with the statutory criteria for termination, and the absence of opposition to the application played a significant role in the Court's decision-making process. This case underscores the importance of adhering to the legal framework when seeking to terminate an enterprise agreement and highlights the role of the Fair Work Commission in ensuring that such terminations are fair and just.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established