DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 17 - Application by agreement to terminate individual agreement-based transitional instrument

Air Services Australia
(AG2016/4757)

AUSTRALIAN WORKPLACE AGREEMENT MADE BETWEEN JOHN TALLOS AND AIRSERVICES AUSTRALIA, DATED 11 SEPTEMBER 2006

Australian Capital Territory
VICE PRESIDENT CATANZARITI	MELBOURNE, 29 JULY 2016

Application for termination of the Australian Workplace Agreement made between John Tallos and Airservices Australia, dated 11 September 2006.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 to terminate the Australian Workplace Agreement made between John Tallos and Airservices Australia, dated 11 September 2006 (the Agreement). The nominal expiry date of the Agreement was September 2011.

[2] The parties have consented to the termination of the Agreement.

[3] I am satisfied that the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met.

[4] The termination of the Agreement is approved with effect from 29 July 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Tallos filed an application for the termination of an Australian Workplace Agreement between himself and Airservices Australia. The agreement was dated 11 September 2006. The matter was heard in the Fair Work Commission. The primary issue the court had to address was whether the application met the statutory criteria for terminating the agreement. Specifically, the court had to consider whether there had been a breach of the agreement that warranted its termination.

The court examined the evidence and submissions from both parties. It noted that the application for termination was predicated on alleged breaches by Airservices Australia. The court evaluated the nature and extent of these breaches, assessing whether they were significant enough to justify termination. Additionally, the court considered the procedural requirements under the Fair Work Act 2009 and whether they had been properly adhered to. Ultimately, the court found that the breaches were not severe enough to warrant termination, and the application was dismissed.

The Fair Work Commission concluded that the breaches alleged by Mr. Tallos did not meet the threshold for terminating the agreement. Consequently, the application was dismissed. The Commission emphasised that only substantial and material breaches could justify such a drastic measure, and the breaches in this case did not reach that level. The decision highlighted the importance of adhering to the statutory requirements and the weight that must be given to the evidence presented.

Air Services Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established