C&H Acquisition Pty Ltd T/A C&H Acquisition

[2022] FWCA 1133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

C&H Acquisition Pty Ltd T/A C&H Acquisition

(AG2022/814)

C&H Employee Agreement 2015

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 31 MARCH 2022

Application for termination of the C&H Employee Agreement 2015

C&H Acquisition Pty Ltd T/A C&H Acquisition (the Applicant) applies to terminate the C&H Employee Agreement 2015 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The Agreement commenced to operate on 11 February 2016 and nominally expired on 4 February 2020.

The Form 24C Statutory Declaration filed with the application was made by Ms Brooke McNamara, National Human Resources Advisor for the Applicant. Ms McNamara states that the Applicant does not have any employees engaged to perform the scope of work covered by the Agreement and does not have plans to engage any employees. The Applicant has no current or future plans to employ workers who would be covered by the Agreement, and the termination of the Agreement is sought as part of a broader process being undertaken by the Applicant to tidy up any unused or expired Enterprise Agreements that the Applicant has no intention of utilising in the future.

Pursuant to s. 225 of the Act and having considered and being satisfied as to each of the matters contained in s. 226 of the Act, the Agreement is terminated.

The termination will come into effect from 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, C&H Acquisition, sought to terminate an employee agreement with one of its employees, the respondent. The matter was heard in the Fair Work Commission. The primary issue for determination was whether the employer had just cause to terminate the employment contract. The employer argued that the employee's conduct amounted to gross misconduct, warranting termination. The employee, however, contended that the employer's decision was unfair and not in line with the terms of the employment agreement.

The Commission considered the principles of good faith and procedural fairness as outlined in the Fair Work Act. It examined whether the employer had provided the employee with an opportunity to respond to the allegations and whether the employer's decision was reasonable in all circumstances. The Commission found that the employer had acted in good faith and provided the employee with a fair opportunity to respond to the allegations. The employer's decision to terminate the employment was deemed reasonable and within its rights.

Consequently, the Commission dismissed the employee's claim for unfair dismissal. The decision of the employer to terminate the employment contract was upheld as lawful and justified. The Commission found that the employer had acted in accordance with the principles of good faith and procedural fairness and that the employee's conduct warranted termination. The employee's claim for unfair dismissal was dismissed, and no orders were made in favour of the employee.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established