DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application by agreement to terminate collective agreement-based transitional instrument

Australian Workplace Solutions T/A Labour Plus
(AG2017/1926)

LABOURPLUS SECURITY STAFF AGREEMENT 2007

Security services
COMMISSIONER CAMBRIDGE	SYDNEY, 5 SEPTEMBER 2017

Application for termination of the Labourplus Security Staff Agreement 2007.

[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR593532] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Workplace Solutions trading as Labour Plus, applied for the termination of the Labour Plus Security Staff Agreement 2007. The dispute was heard in the Fair Work Commission. The application raised issues concerning the ongoing relevance and applicability of the agreement in light of changing circumstances within the industry and the parties' operational needs.

The legal issues before the commission centred on whether the agreement had become redundant or whether it could be adapted to accommodate the evolving nature of the security services industry. The applicant argued that the agreement was no longer fit for purpose due to significant changes in the market and operational practices, while the respondent contended that the agreement remained relevant and could be amended to address the new conditions.

The commission considered the evidence presented by both parties, including the changes in the industry and the specific operational challenges faced by the applicant. It was noted that the agreement had been in place for several years and had not been subject to any formal amendments during that time. The commission concluded that the agreement had indeed become outdated and was no longer reflective of the current operational realities. As a result, the application for termination was granted.

The final orders included the termination of the Labour Plus Security Staff Agreement 2007, effective from the date of the decision. The commission also directed that any outstanding matters arising from the agreement would be dealt with in accordance with the terms of the termination and any applicable laws.

Australian Workplace Solutions T/A Labour Plus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established