ENTERPRISE AGREEMENTS – termination of agreement – ss.225, 226, 319 Fair Work Act 2009 – Sch. 3, Item 16 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 – two employee applications to terminate Wilson Security-Western Australia Collective Agreement (Agreement) – matters adjourned for parties to negotiate new agreement – no progress made – subsequent employer application for Agreement to cover nontransferring employees not currently covered by the Agreement who perform same work as transferring employees – Commission dealt with termination applications before transferring employees application – public interest considerations distinct from interests of those covered by Agreement – Agreement made over seven years ago – industry minimum terms and conditions since changed – many Agreement terms and conditions now below the Security Industry Services Award 2010 (Award), including rates of pay and allowances – employer proposed significant undertakings to address shortcomings of Agreement compared to Award – their employee petition regarding terminating Agreement tainted and communication with employees mischievous – given scope and number of undertakings, acceptance of undertakings undermined s.3(f) of FW Act allowing one party to dictate agreement terms rather than negotiating with other parties – commercial advantage obtained from Agreement disincentive to negotiating new enterprise agreement – termination of Agreement likely to stimulate negotiations for a new agreement more suitable to employers business needs while ensuring objects of the FW Act regarding minimum terms and conditions of employment are satisfied – in public interest to terminate Agreement – Commission not satisfied views of employer and employees opposed to terminating Agreement were accurately informed and/or validly held – termination effective from 7 July 2017 – employer application for Agreement to cover non-transferring employees dismissed. Wilson Security-Western Australia Collective Agreement 2009
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