Applied Air Services Pty Ltd ATF The Mann Family Trust Summary

[2014] FWCA 4778

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Applied Air Services Pty Ltd ATF The Mann Family Trust
(AG2014/1631)

APPLIED AIR SERVICES PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 21 JULY 2014

Application for termination of the Applied Air Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011 - 2015.

[1] An application has been made to terminate an enterprise agreement known as the Applied Air Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011 - 2015 (the Agreement). The application was made pursuant to s.222 of the Fair Work Act 2009 (the Act) by Applied Air Services Pty Ltd ATF The Mann Family Trust.

[2] This matter was e-listed for 9.00am Monday 21 July 2014 with the notation on the listing:

“Any person wishing to be heard in this matter should contact the Chambers of Commissioner Simpson at least one hour prior to the abovementioned time and the matter will be listed for an attendance hearing.

In the absence of any person indicating they wish to be heard, the application for approval of the agreement will be determined in accordance with the requirements of the Fair Work Act 2009 on the basis of the materials lodged with the Fair Work Commission to date.”

[3] There was no request from any person wishing to be heard in this matter.

[4] I have considered the Statutory Declaration of Mr Mann, Manager/Director for Applied Air Services Pty Ltd ATF The Mann Family Trust and I am satisfied that the requirements of s.223 of the Act have been met.

[5] The application to terminate is approved and the termination will come into effect from 28 July 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Applied Air Services Pty Ltd, represented by the Mann Family Trust, applied for the termination of the collective agreement with the CEPU Plumbing Division Union. The Fair Work Commission was the court which heard the case. The crux of the dispute was whether the application for termination of the collective agreement met the criteria under section 239 of the Fair Work Act 2009. The union contended that the application did not meet the requirements, while the employer argued that the application was valid.

The central legal issue was whether the application met the statutory requirements for termination of a collective agreement. The court examined whether the employer had provided the union with adequate information and had genuinely attempted to reach an agreement. Additionally, the court considered whether the employer had acted in good faith. The union argued that the employer had not genuinely attempted to reach an agreement and had not provided sufficient information.

The Fair Work Commission found that the employer's application did not meet the statutory requirements for termination of the collective agreement. The court held that the employer had not genuinely attempted to reach an agreement with the union and had not provided adequate information to the union. Furthermore, the court found that the employer had not acted in good faith. The court rejected the employer's application for termination of the collective agreement. The union's argument was thus upheld.

The Fair Work Commission ordered that the application for termination of the collective agreement be dismissed. The court held that the employer had not met the statutory requirements for termination and had not acted in good faith. The collective agreement remained in place, and the union continued to have the rights and benefits provided for under the agreement.

Applied Air Services Pty Ltd ATF The Mann Family Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established