ENTERPRISE AGREEMENTS – termination of agreement – ss.225, 226 Fair Work Act 2009 – application made by NQR P/L t/a NQR Grocery Clearance Stores (NQR) – initially opposed by National Union of Workers (NUW) however application subsequently withdrawn – agreement covers 14 warehouse workers – application for approval of new agreement made 21 December 2016 – Commission assessed the application but on 28 February 2017 the FWC Member Support Research Team wrote to NQR outlining a number of concerns and requesting a response – on 3 March 2017 NQR discontinued their application – NUW and NQR then engaged in further negotiations – agreement not reached and NQR made an application to terminate the Agreement – also indicated they would not seek to replace current collective agreement – Commission remained satisfied the Agreement provided terms and conditions that ensure each employee is better off overall than under the Award – the Commission received five written submissions from employees who strongly opposed termination of the Agreement – concerns related to job security and security of redundancy entitlements – no presumption agreements which have passed their nominal expiry date should be terminated – Commission not satisfied over award conditions contained in the Agreement are so onerous or significant that they could impact on employment or business viability – termination at this time and in these circumstances are likely to alter balance of power between the bargaining parties and not likely to promote productivity, employment or settle disputes – termination of the Agreement not appropriate in all circumstances – requirements of s.226 FW Act not met – application to terminate Agreement dismissed. NQR Pty Ltd and National Union of Workers Warehouse Enterprise Agreement 2015
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