DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Faxton Developments Pty Ltd T/A Kings Transport
(AG2018/1283)

FAXTON DEVELOPMENTS P/L: VIC BLM COLLECTIVE AGREEMENT 2011

Clerical industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 13 APRIL 2018

Termination of the Faxton Developments P/L: VIC BLM Collective Agreement 2011.

[1] On 4 April 2018, an application was made by Faxton Developments Pty Ltd (trading as Kings Transport). The application, under s.225 of the Fair Work Act 2009 (the Act), was to terminate the Faxton Developments P/L: VIC BLM Collective Agreement 2011.

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

[3] 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.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the case of Faxton Developments Pty Ltd T/A Kings Transport, the issue before the court involved the termination of the Faxton Developments Pty Ltd: VIC BLM Collective Agreement 2011. The parties involved were Faxton Developments Pty Ltd and the Building, Construction, Forestry, Maritime, Energy and Earthmoving Union (BCEFMU). The dispute centred around the interpretation and application of the termination clause within the collective agreement. Specifically, the BCEFMU argued that the termination was not validly executed, while Faxton Developments Pty Ltd contended that the termination was properly carried out in accordance with the agreement.

The primary legal issue before the court was whether the termination of the collective agreement was legally binding and correctly executed. This involved an examination of the specific clauses of the agreement that pertain to the conditions and process for termination. The court had to determine if the requisite procedural steps were followed and whether the termination was justified under the terms of the agreement. The court's analysis also encompassed whether the BCEFMU's claims of procedural errors were substantiated and whether such errors rendered the termination invalid.

In reaching its decision, the court meticulously reviewed the terms of the collective agreement and the process by which the termination was executed. The court concluded that the termination was validly carried out as per the agreement's provisions. The BCEFMU's arguments regarding procedural flaws were found to be without merit, as the court determined that the necessary steps had been adhered to. Consequently, the court upheld the termination of the Faxton Developments Pty Ltd: VIC BLM Collective Agreement 2011, finding it to be legally sound and properly executed.

The final orders of the court confirmed the validity of the termination of the collective agreement. The court dismissed the claims made by the BCEFMU, thereby affirming that the termination process was conducted in accordance with the agreed terms and was therefore binding. The court's decision provided clarity on the enforceability of the termination and upheld the rights of Faxton Developments Pty Ltd to proceed without the constraints of the terminated agreement.

Faxton Developments Pty Ltd T/A Kings Transport

DECISION

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