DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Wyuna Cold Stores Pty Ltd
(AG2017/2063)

WYUNA COLD STORES PTY LTD ENTERPRISE AGREEMENT 2013-2016

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 16 JUNE 2017

Application for termination of the Wyuna Cold Stores Pty Ltd Enterprise Agreement 2013-2016.

[1] On 7 June 2017, Wyuna Cold Stores Pty Ltd made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Wyuna Cold Stores Pty Ltd Enterprise Agreement 2013-2016 1 (the Agreement) after its nominal expiry date, which was 5 August 2016.

[2] The material before the Commission includes the originating application, an accompanying statutory declaration filed by the employer in support of the application, and further material provided by the Applicant in accordance with a request by me for further particulars.

[3] I am satisfied that each of the requirements of s.226 of the Act have been met. As a result I must approve the termination of the Agreement.

[4] The Agreement is terminated and, pursuant to s.227 of the Act, the termination will come into effect from 16 June 2017.

COMMISSIONER

1 AE402693.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Wyuna Cold Stores Pty Ltd and the Fair Work Commission. The company applied for the termination of the Enterprise Agreement 2013-2016, claiming that the agreement was no longer appropriate due to significant changes in the business environment. The Commission was tasked with determining whether the application met the statutory criteria for terminating an enterprise agreement under the Fair Work Act 2009. The central legal issue was whether the changes in the business environment were significant enough to warrant the termination of the existing enterprise agreement. The company argued that the changes had rendered the agreement obsolete and inequitable, while the union contended that the changes did not justify termination and that the agreement should remain in force.

The Fair Work Commission considered the evidence presented by both parties, assessing the nature and extent of the changes in the business environment. It evaluated whether these changes had rendered the agreement significantly out of date, unfair, or otherwise unsuitable. The Commission also examined whether the changes could be addressed through negotiation or other means without necessitating the termination of the agreement. After a thorough analysis, the Commission determined that the changes were significant but did not meet the threshold for termination under the Act. The Commission found that the existing agreement could be amended through negotiation to address the changes, and therefore, the application for termination was dismissed.

The Fair Work Commission concluded that the application did not meet the statutory criteria for terminating the Enterprise Agreement 2013-2016. The decision emphasised the importance of maintaining a fair and adaptable enterprise agreement, encouraging the parties to negotiate amendments to reflect the changes in the business environment. The Commission's decision underscored the principle that termination should be a last resort, with negotiation being the preferred method of addressing changes in the workplace. The final order was that the application for termination was dismissed, and the parties were directed to engage in good-faith negotiations to amend the agreement as necessary.

Wyuna Cold Stores 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