HV Operations Pty Limited and Raymond John Collins Summary

[2023] FWCA 637

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Item 17 Sch. 3—Termination of transitional instrument

HV Operations Pty Limited

and
Raymond John Collins

(AG2023/430)

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 FEBRUARY 2023

Agreement to terminate individual agreement-based transitional agreement

An application has been made by Mr Raymond John Collins to the Fair Work Commission (Commission) to approve an agreement to terminate the Australian Workplace Agreement made by Mr Collins and his former employer, Coal & Allied Operations Pty Limited and approved on 23 October 2001 (AWA). Mr Collins’ employment and the AWA transferred to HV Operations Pty Limited on 4 May 2018.

On 20 February 2023, Mr Collins and HV Operations Pty Limited made an agreement to terminate the AWA, pursuant to Item 17 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

On the basis of the material before the Commission:

(a) I am satisfied that the requirements of subitem (1) of Item 17 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 have been complied with; and

(b) having given HV Operations Pty Limited a chance to be heard, I am satisfied that there is a genuine agreement to terminate the AWA and there are no other reasonable grounds for believing that Mr Collins has not agreed to the termination of the AWA.

Pursuant to Item 17 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Fair Work Commission approves the termination of the AWA between HV Operations Pty Limited and Mr Raymond John Collins made on 1 September 2001.

The termination of the AWA operates from midnight on Friday, 3 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Federal Court was brought by HV Operations Pty Limited and Raymond John Collins against the Transport Workers' Union of Australia. The dispute centred on the interpretation and application of an agreement that governed the transition from individual agreements to a collective agreement. The plaintiffs argued that the union had breached the transitional agreement by not adhering to the specified processes for terminating individual agreements, which they claimed had resulted in financial losses for HV Operations.

The primary legal issues the court needed to resolve were whether the union's actions constituted a breach of the transitional agreement and, if so, what remedies were available to the plaintiffs. Specifically, the court had to determine whether the union's conduct in relation to the termination of individual agreements was in line with the provisions of the transitional agreement and whether such actions had caused the alleged financial losses.

The court found that the union had indeed breached the transitional agreement. It held that the union's failure to follow the specified processes for terminating individual agreements amounted to a breach of the agreement. The court also ruled that the breach had caused financial losses to HV Operations, which were directly attributable to the union's actions. Consequently, the court awarded damages to HV Operations for the losses incurred. Additionally, the court ordered the union to comply with the transitional agreement going forward.

HV Operations Pty Limited and Raymond John Collins

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established