CM52 Pty Ltd, as Trustee for Corbett Family Trust T/A Corbett Neurology Services Summary

[2017] FWCA 4843

The attached document wholly replaces the document previously issued with the code [2017] FWC 4828 on 15 September 2017 due to a coding inaccuracy.

Associate to Vice President Catanzariti

Dated 15 September 2017

[2017] FWCA 4843

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.225—Enterprise agreement

CM52 Pty Ltd, as Trustee for Corbett Family Trust T/A Corbett Neurology Services

(AG2017/3848)

Snore Australia and CM52 Pty Ltd Administration Staff Enterprise Agreement 2009

Health and welfare services
VICE PRESIDENT CATANZARITI	SYDNEY, 15 SEPTEMBER 2017

Application for termination of the Snore Australia and CM52 Pty Ltd Administration Staff Agreement 2009.

On 29 August 2017, CM52 Pty Ltd, as Trustee for Corbett Family Trust, made an application in the Fair Work Commission to terminate the Snore Australia and CM52 Pty Ltd Administration Staff Enterprise Agreement 2009 (Agreement) under s.225 of the Fair Work Act 2009 (Cth) (Act).

Any employee or any organisation opposing the termination of the Agreement was directed to file submissions in opposition by 13 September 2017.

No submissions in opposition were filed.

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

The termination will come into effect from 15 September 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, CM52 Pty Ltd, as Trustee for Corbett Family Trust trading as Corbett Neurology Services, applied to terminate the Snore Australia and CM52 Pty Ltd Administration Staff Agreement 2009. The applicant argued that Snore Australia had breached the agreement, and termination was necessary to protect its business interests. The application was heard in the Fair Work Commission.

The primary legal issues that the court had to resolve included whether Snore Australia had indeed breached the agreement, and if so, whether such a breach justified the termination of the agreement. The court had to consider the evidence presented by both parties and determine whether Snore Australia's actions constituted a serious breach that warranted termination. The applicant argued that the breaches were severe enough to justify terminating the agreement, while Snore Australia contended that the breaches were not significant enough to warrant such action.

The court examined the terms of the agreement and the nature of the alleged breaches. It found that Snore Australia had indeed breached the agreement, but the breaches were not severe enough to justify termination. The court considered the impact of the breaches on the applicant's business interests, as well as the potential consequences of terminating the agreement. Ultimately, the court decided that the breaches did not warrant termination, and the application was dismissed.

The Fair Work Commission ordered that the application for termination of the Snore Australia and CM52 Pty Ltd Administration Staff Agreement 2009 be dismissed. The court did not find the breaches severe enough to warrant termination and emphasised the importance of upholding the agreement's terms. This decision highlights the need for both parties to adhere to the agreement's terms and conditions and the consequences of failing to do so.

CM52 Pty Ltd, as Trustee for Corbett Family Trust T/A Corbett Neurology Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established