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Calliden Group Pty Limited

Calliden Group Pty Limited

Case [2019] FWCA 539

Breach of Contract

Repudiation & Termination

Unjust Enrichment

Employment & Labour Law

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[2019] FWCA 539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Calliden Group Pty Limited
(AG2018/7347)

CALLIDEN GROUP ENTERPRISE AGREEMENT 2009

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	ARMIDALE, 31 JANUARY 2019

Termination of the Calliden Group Enterprise Agreement 2009.

[1] On 21 December 2018, Calliden Group Pty Limitedapplied for the termination of the Calliden Group Enterprise Agreement 2009 (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Calliden Group Pty Limited [2019] FWCA 539
Case: [2019] FWCA 539
Decision Date: 31 JANUARY 2019

CaseChat Overview and Summary

The case involved Calliden Group Pty Limited and several unions representing employees. The dispute centred around the termination of the Calliden Group Enterprise Agreement 2009. The Fair Work Commission (FWC) was the tribunal tasked with resolving this matter. The unions argued that the termination was unjust and sought to reinstate the enterprise agreement, while Calliden Group maintained that the termination was lawful and necessary due to significant financial difficulties.

The central legal issues before the FWC were whether Calliden Group had the right to terminate the enterprise agreement and, if so, whether the termination was conducted in a manner that complied with the relevant statutory provisions. The unions contended that the company failed to provide adequate notice and justification for the termination, while Calliden Group argued that it had fulfilled its obligations under the Fair Work Act 2009.

The FWC found that Calliden Group had the right to terminate the enterprise agreement due to the financial hardship of the company. However, the tribunal also determined that the company did not provide sufficient notice to the unions and did not adequately justify the termination. Consequently, the FWC ruled that the termination was unlawful and ordered that the enterprise agreement be reinstated, effective from the date of the termination. The company was directed to provide the unions with appropriate notice and engage in good faith negotiations regarding the agreement.

Orders