DECISION

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

Workforce Recruitment and Labour Services Pty Ltd
(AG2018/86)

WORKFORCE RECRUITMENT & LABOUR SERVICES PTY LTD, LAUNCHING GANTRY GREENFIELD AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 31 JANUARY 2018

Application for termination of the Workforce Recruitment & Labour Services Pty Ltd, Launching Gantry Greenfield Agreement 2015.

[1] On 10 January 2018, Workforce Recruitment and Labour Services Pty Ltd made an application to terminate the Workforce Recruitment & Labour Services Pty Ltd, Launching Gantry Greenfield Agreement 2015 (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 31 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

Workforce Recruitment and Labour Services Pty Ltd applied to the Fair Work Commission for the termination of the Workforce Recruitment & Labour Services Pty Ltd, Launching Gantry Greenfield Agreement 2015. The applicant argued that the agreement should be terminated due to changes in circumstances that made the agreement significantly disadvantageous to the employer. The Fair Work Commission was tasked with determining whether the application met the criteria for termination under the Fair Work Act 2009.

The legal issue before the Commission was whether the significant change in circumstances, specifically the financial viability of the employer, was a valid ground for terminating the agreement. The Commission examined the evidence presented by the applicant regarding the financial hardship faced by the employer and the impact on its ability to continue operations. The Commission also considered whether the changes in circumstances were unforeseeable and whether the termination would cause significant hardship to the employees.

The Fair Work Commission found that the significant change in circumstances did not meet the criteria for termination of the agreement under the Fair Work Act 2009. The Commission concluded that the financial hardship was not unforeseeable and that the employer had failed to demonstrate that the changes were beyond their control. The Commission also noted that the termination of the agreement would cause significant hardship to the employees, who had relied on the terms and conditions of the agreement for their employment. Consequently, the application for termination was dismissed.

The Fair Work Commission did not grant the application for termination of the Workforce Recruitment & Labour Services Pty Ltd, Launching Gantry Greenfield Agreement 2015. The Commission found that the significant change in circumstances did not meet the legal criteria for termination and that the termination would cause significant hardship to the employees. The decision stands as a reminder of the stringent requirements for terminating an enterprise agreement under the Fair Work Act 2009.

Workforce Recruitment and Labour Services 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