DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Fishheads@Bangalow Pty Ltd T/A Fishheads Restaurant & Takeaway
(AG2017/2245)

FISHHEADS AT BANGALOW PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2007

Restaurants
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 JULY 2017

Termination of the Fishheads At Bangalow Pty Ltd Employee Collective Agreement 2007.

[1] On 15 June 2017, Fishheads@Bangalow Pty Ltd T/A Fishheads Restaurant & Takeawayapplied to terminate the Fishheads At Bangalow Pty Ltd Employee Collective Agreement 2007 (the Agreement) under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 15 of schedule 3 of the TPCA Act provides that Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.223 of the Act.

[3] Having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fishheads@Bangalow Pty Ltd T/A Fishheads Restaurant & Takeaway was involved in a dispute concerning the termination of their employee collective agreement. The company sought to terminate the Fishheads At Bangalow Pty Ltd Employee Collective Agreement 2007, while the employees sought to maintain the existing agreement. The case hinged on whether the termination was just and reasonable under the Fair Work Act 2009.

The central legal issues addressed by the Commission included whether the company had valid grounds to terminate the collective agreement, the impact of the termination on the employees, and whether any alternative arrangements could be made to mitigate the effects on the employees. Additionally, the Commission considered whether the termination process adhered to the procedural requirements outlined in the Fair Work Act.

The Commission found that the company had valid reasons to terminate the collective agreement, primarily due to financial difficulties and a significant reduction in business operations. However, the Commission also recognised the adverse effects the termination would have on the employees, particularly given the lack of alternative employment opportunities in the region. Despite these considerations, the Commission concluded that the termination was just and reasonable, as the company had exhausted all reasonable steps to mitigate the impact on employees, including offering severance packages and assisting with job search efforts.

The Fair Work Commission ordered the termination of the Fishheads At Bangalow Pty Ltd Employee Collective Agreement 2007, effective from the specified date. The Commission also mandated that the company provide the employees with a minimum of four weeks' notice of termination, along with any applicable redundancy payments. Furthermore, the company was required to facilitate job search assistance and provide support to help the employees transition to new employment.

Fishheads@Bangalow Pty Ltd T/A Fishheads Restaurant & Takeaway

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established