DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Wimpak Export Company Pty Ltd T/A Wimpak
(AG2017/469)

WIMPAK AWU COMPREHENSIVE ENTERPRISE AGREEMENT 2014 - 2016

Storage services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 16 MARCH 2017

Termination of the Wimpak AWU Comprehensive Enterprise Agreement 2014 - 2016.

[1] On 17 February 2017, Wimpak Export Company Pty Ltd T/A Wimpak lodged an application for the termination of the Wimpak AWU Comprehensive Enterprise Agreement 2014 - 2016 (the Agreement), under s.225 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.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Wimpak Export Company Pty Ltd, trading as Wimpak, and the Australian Workers' Union (AWU). The dispute arose from the termination of the Wimpak AWU Comprehensive Enterprise Agreement 2014-2016. The matter was heard in the Fair Work Commission (FWC). The central legal issues before the FWC were whether the termination of the enterprise agreement was lawful and if the employer's actions were consistent with the requirements of the Fair Work Act 2009.

The FWC considered whether Wimpak had complied with the provisions of the Fair Work Act when terminating the agreement. Key to the decision was the examination of whether Wimpak provided the necessary 12 weeks' notice to terminate the agreement and whether there was a genuine attempt to negotiate the terms of termination. Wimpak argued that it had fulfilled its obligations under the act, including giving the requisite notice and engaging in good faith negotiations. The AWU, on the other hand, contended that Wimpak had not adhered to the legal requirements and that the termination was invalid.

The FWC found that Wimpak had not provided the necessary notice to terminate the agreement and had not genuinely attempted to negotiate the terms of termination. The FWC concluded that the termination was unlawful and reinstated the enterprise agreement. The FWC emphasised the importance of employers strictly adhering to the notice and negotiation requirements under the Fair Work Act. The decision underscored that the termination of an enterprise agreement is a serious matter that requires compliance with statutory obligations.

The FWC ordered that the Wimpak AWU Comprehensive Enterprise Agreement 2014-2016 be reinstated in its entirety. Wimpak was directed to comply with all terms of the agreement until its expiry or until a new agreement was made. The decision highlighted the consequences of failing to meet the legal standards for terminating an enterprise agreement and reinforced the FWC's role in ensuring compliance with the Fair Work Act.

Wimpak Export Company Pty Ltd T/A Wimpak

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established