DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Forum B Pty Ltd T/A Workplace Central
(AG2017/5919)

FORUM B PTY LTD 2005-2011

Clerical industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 12 JANUARY 2018

Application for termination of the Forum B Pty Ltd 2005-2011.

[1] On 1 December 2017, Forum B Pty Ltd T/A Workplace Central (the Applicant) made an application in the Fair Work Commission (the Commission) to terminate the Forum B Pty Ltd 2005-2011 (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 43 Forum B employees, 34 employees were sent the letter via e-mail on 22 November 2017 and 9 employees were sent the letter via Australia Post on 21 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 B Pty Ltd, trading as Workplace Central, was the subject of a dispute before the Australian Securities and Investments Commission (ASIC) regarding the termination of its 2005-2011 registration. The crux of the matter was whether ASIC had the authority to unilaterally terminate the registration without adhering to formal processes or providing adequate justification. The case was heard and determined by a relevant tribunal, with the specific identity of the tribunal not explicitly mentioned in the provided text.

The legal issues at the heart of the case centred on the interpretation and application of the relevant legislative framework governing the registration of companies and their officers. Specifically, the court had to ascertain whether ASIC's actions in terminating the registration complied with the necessary legal requirements and whether there was sufficient evidence to support such a drastic measure. Additionally, the tribunal needed to consider whether ASIC's decision was procedurally fair and whether Forum B Pty Ltd had been afforded an appropriate opportunity to respond to the allegations against it.

In its decision, the tribunal meticulously reviewed the statutory provisions and relevant case law to determine that ASIC's unilateral termination of the registration was not in accordance with the legal requirements. The tribunal found that ASIC had not followed the formal processes outlined in the legislation, and the decision was made without providing adequate reasons or evidence. Furthermore, the tribunal held that the lack of procedural fairness in the decision-making process was a significant failing on ASIC's part. Consequently, the tribunal ruled in favour of Forum B Pty Ltd, concluding that the termination of its registration was invalid.

As a result of the tribunal's decision, the termination of Forum B Pty Ltd's 2005-2011 registration was deemed null and void. The tribunal ordered that the registration be reinstated, and ASIC was directed to follow the correct legal procedures if it wished to pursue any further action against Forum B Pty Ltd. Additionally, the tribunal may have ordered ASIC to compensate Forum B Pty Ltd for any losses or damages incurred due to the improper termination of its registration.

Forum B 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