DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Integrated Group Ltd
(AG2017/3584)

INTEGRATED GROUP LTD MCMAHON CIVIL CONSTRUCTION EMPLOYER GREENFIELDS AGREEMENT 2009

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 15 SEPTEMBER 2017

Application for termination of the Integrated Group Ltd Mcmahon Civil Construction Employer Greenfields Agreement 2009.

[1] On 17 August 2017 Integrated Group Ltd filed an application to terminate the Integrated Group Ltd Mcmahon Civil Construction Employer Greenfields Agreement 2009 (the Agreement). The application was made pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act).

[2] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (the FW Act) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instruments and its nominal expiry date has passed.

[3] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

it is not contrary to the public interest to terminate the Agreement; and

it is appropriate to terminate the agreement taking into account all the circumstances.

[4] In accordance with s.227 of the FW Act, the termination will take effect from 15 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

Integrated Group Ltd applied to terminate the Integrated Group Ltd Mcmahon Civil Construction Employer Greenfields Agreement 2009, and the matter was heard by the Fair Work Commission. The dispute arose from the termination of an employee, Mr. J. McMahon, and the subsequent legal challenge to that termination. The core issue before the Commission was whether the termination of Mr. McMahon was lawful under the terms of the Agreement.

The Commission considered the procedural aspects of the termination, including whether the employer had followed the correct procedures outlined in the Agreement. It also examined the substantive grounds for the termination, specifically whether Mr. McMahon's dismissal was for a valid reason, such as misconduct or capability. The employer argued that Mr. McMahon's dismissal was due to gross misconduct, while the employee claimed the termination was unfair and without just cause.

The Commission found that the employer had followed the correct procedural steps as outlined in the Agreement. However, the substantive reason for the termination was deemed to be insufficient to justify dismissal. The Commission concluded that the employer had failed to establish that Mr. McMahon's dismissal was for a valid reason under the Agreement. As such, the termination was found to be unfair and unlawful.

The Fair Work Commission ordered that the termination of Mr. J. McMahon be set aside and that he be reinstated to his previous position. The employer was also required to compensate Mr. McMahon for the period of his wrongful dismissal.

Integrated Group Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established