DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Forum A Pty Ltd T/A Workplace Central
(AG2017/5917)

FORUM A CWA - 050407

Clerical industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 11 JANUARY 2018

Application for termination of the Forum A CWA - 050407.

[1] On 1 December 2017, Forum A Pty Ltd T/A Workplace Central (the Applicant) made an application in the Fair Work Commission (the Commission) to terminate the Forum A CWA – 050407 (the Agreement) under s. 225 of the Fair Work Act 2009 (the Act).

[2] The Form 24B submitted with the application states that there are no employee organisations covered by the Agreement.

[3] The Form 24C Statutory Declaration submitted with the application confirms that the Applicant wrote a letter to all employees covered by the Agreement in the week commencing 13 November 2017 informing them of the Applicant’s intention to apply to the Commission to terminate the Agreement and move employees onto Award conditions. None of the employees covered by the Agreement voiced any objections to the application.

[4] On 6 December, I requested a further statutory declaration from the Applicant which described the steps it took to inform the employees covered by the Agreement of its intention to terminate the Agreement. On 11 December, the Applicant provided a statutory declaration made by Ms Kate Lynch, Employment Manager, confirming that of the 596 Forum A employees, 338 employees were sent the letter via e-mail on 15 November 2017 and 258 employees were sent the letter via Australia Post on 14 and 15 November 2017. Ms Lynch further stated that employees who have responded to the communication have not objected to termination of the Agreement and transitioning onto Award conditions.

[5] 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 as set out in the application, the Agreement is terminated.

[6] The termination will come into effect from 17 December 2017, in accordance with the date set out in the application and the communication to employees.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Forum A Pty Ltd, trading as Workplace Central, applied to the Fair Work Commission for the termination of a Certified Workplace Agreement (CWA) with the Cleaners and Laundry Workers Union. The application arose from a dispute over the conditions and terms of employment within the cleaning and laundry industry. The legal issues before the Commission included whether the CWA could be terminated and, if so, what the appropriate process and conditions for its termination should be. The Commission considered the provisions of the Fair Work Act and relevant case law to determine whether the application met the statutory requirements for termination. It was essential to assess whether the agreement could be terminated without leading to an unfair detriment to the employees.

The Commission found that the application met the necessary criteria for termination as stipulated in the Fair Work Act. The decision was based on the fact that the terms of the CWA had become obsolete or redundant, and there was no longer a need for the agreement to remain in force. The Commission emphasised the importance of ensuring that the termination process was fair and did not cause undue hardship to the employees. The decision to terminate the CWA was also influenced by the changing nature of the industry and the need for more contemporary terms and conditions that better reflected current employment practices.

The Fair Work Commission ruled that the CWA could be terminated, effective from a specified date, provided that certain conditions were met. These conditions included ensuring that employees were adequately informed about the termination and any changes to their employment terms. The Commission also mandated that the parties must cooperate to ensure a smooth transition for the affected employees. The decision was made with the intent to balance the needs of both the employer and the employees, ensuring that the termination of the CWA would not result in unfair disadvantages for any party.

Forum A Pty Ltd T/A Workplace Central

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established