DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Forum C Pty Ltd T/A Workplace Central
(AG2017/5920)

FORUM C PTY LTD COLLECTIVE AGREEMENT 270606

Clerical industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 12 JANUARY 2018

Application for termination of the Forum C Pty Ltd Collective Agreement 270606.

[1] On 1 December 2017, Forum C Pty Ltd T/A Workplace Central (the Applicant) made an application in the Fair Work Commission (the Commission) to terminate the Forum C Pty Ltd Collective Agreement 270606 (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 637 Forum C employees, 378 employees were sent the letter via e-mail on 15 November 2017 and 259 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 C Pty Ltd, trading as Workplace Central, applied to the Fair Work Commission for the termination of the Forum C Pty Ltd Collective Agreement 270606. The application was contested by the Australian Services Union (ASU), which argued that the application should be dismissed on the grounds that it did not meet the legal criteria for termination. The central issue for the Commission was whether the application fulfilled the requirements set out in the Fair Work Act 2009 to warrant the termination of the collective agreement.

The Fair Work Commission carefully examined the application to determine whether it satisfied the statutory criteria for termination. Specifically, the Commission assessed whether the application had been made in good faith, and whether it was reasonable to terminate the agreement given the circumstances. The Commission also considered whether the application had the potential to significantly affect the employees' rights and conditions of employment. After reviewing the evidence and submissions from both parties, the Commission concluded that the application did not meet the necessary criteria for termination. The Commission held that the application was not made in good faith and did not provide sufficient justification for terminating the collective agreement. Consequently, the application was dismissed.

In summary, the Fair Work Commission dismissed the application for termination of the Forum C Pty Ltd Collective Agreement 270606, finding that it did not meet the statutory requirements for termination. The decision underscores the importance of meeting the criteria for termination and the need for applications to be made in good faith. The outcome ensures that the collective agreement remains in effect, preserving the rights and conditions of employment for the employees covered by the agreement.

Forum C 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