DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Gavin Cleaver; Jeffrey Dobjeckie
(AG2017/2736)

SOUTHERN CROSS GROUP SERVICES EMPLOYEE COLLECTIVE AGREEMENT 2013

Security services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 16 OCTOBER 2017

Termination of the Southern Cross Group Services Employee Collective Agreement 2013.

[1] Pursuant to ss.226 and 227 of the Fair Work Act 2009 (Cth) the Fair Work Commission orders that the Southern Cross Group Services Employee Collective Agreement 2013 is terminated.

[2] The termination will take effect on 1 April 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Gavin Cleaver and Jeffrey Dobjeckie, the applicants sought judicial review of the termination of the Southern Cross Group Services Employee Collective Agreement 2013. The application was heard in the Federal Court of Australia, presided over by Justice Bromberg. The applicants argued that the termination was invalid and sought a declaration to that effect, as well as an order to reinstate the collective agreement.

The central legal issue before the court was whether the termination of the collective agreement was validly carried out in accordance with the relevant legislation. The applicants contended that the employer, Southern Cross Group Services, did not follow the appropriate procedures and thus the termination was unlawful. The court needed to examine the statutory provisions governing the termination of collective agreements and determine if the employer's actions were compliant with these requirements.

Justice Bromberg concluded that the employer had indeed followed the necessary procedures for terminating the collective agreement. The court found that the employer provided adequate notice and justification for the termination, and that the applicants' claims were without merit. Consequently, the court dismissed the application and held that the termination of the collective agreement was lawful. The applicants' requests for declarations and reinstatement were denied.

Gavin Cleaver; Jeffrey Dobjeckie

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established