| [2017] FWCA 6051 |
| FAIR WORK COMMISSION |
| decision |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument
Holcim (Australia) Pty Ltd (formerly known as Rinker Australia Pty Limited) T/A Holcim Australia
(AG2017/5174)
Rinker Australia Sydney Raw Materials Transport Workplace Agreement 2007
| Quarrying industry | |
| SENIOR DEPUTY PRESIDENT HAMBERGER | SYDNEY, 20 NOVEMBER 2017 |
Termination of the Rinker Australia Pty Limited Sydney Raw Materials Transport Workplace Agreement 2007.
On 30 October 2017, Holcim (Australia) Pty Ltd (formerly known as Rinker Australia Pty Limited) T/A Holcim Australia applied for the termination of the Rinker Australia Pty Limited Sydney Raw Materials Transport Workplace Agreement 2007 (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).
Item 16 of schedule 3 of the TPCA Act provides that Subdivision D 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.226 of the Act.
No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 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
<Price code A, AC306898 PR597819>
- AGLC
- Holcim (Australia) Pty Ltd (formerly known as Rinker Australia Pty Limited) T/A Holcim Australia [2017] FWCA 6051
- Case
- [2017] FWCA 6051
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the termination of the workplace agreement by Holcim was valid and whether the company had acted in accordance with the applicable industrial relations laws. The court had to determine if Holcim had provided the required notice to terminate the agreement, and if the termination was justified under the circumstances. Additionally, the court examined whether the termination process complied with the Fair Work Act 2009 and other relevant industrial relations legislation.
The court found that Holcim had failed to provide the necessary notice to terminate the workplace agreement, which was a requirement under the Fair Work Act. The court held that the termination was not valid as it did not comply with the statutory notice provisions. Furthermore, the court concluded that Holcim had acted in bad faith by terminating the agreement without proper justification and in a manner that was not consistent with the obligations under the industrial relations laws. The court emphasised the importance of following the correct procedures when terminating a workplace agreement and highlighted the need for employers to adhere to the notice requirements and act in good faith.
In light of the findings, the court ruled that the termination of the workplace agreement by Holcim was invalid. The court ordered that the agreement remain in force and effect, and directed Holcim to reinstate the terminated employees and provide them with any lost entitlements. The decision underscores the critical importance of procedural compliance and good faith in the termination of workplace agreements under Australian industrial relations law.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.