DECISION

Fair Work Act 2009
s.225—Enterprise agreement

James Dickson & Co. Pty Ltd T/A National Distribution (VIC)
(AG2018/730)

DICKSONS NATIONAL DISTRIBUTION (VIC) DELIVERY DRIVER AGREEMENT 2011

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 MARCH 2018

Termination of the Dicksons National Distribution (VIC) Delivery Driver Agreement 2011.

[1] On 1 March 2018, James Dickson & Co. Pty Ltd T/A National Distribution (VIC)applied for the termination of the Dicksons National Distribution (VIC) Delivery Driver Agreement 2011 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] 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, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of James Dickson & Co. Pty Ltd, trading as National Distribution (VIC), the dispute centred around the termination of an employment agreement between the company and one of its delivery drivers. The Fair Work Commission was the tribunal tasked with resolving the matter. The driver alleged that his dismissal was unjust and unfair, contrary to the provisions of the Fair Work Act 2009. The company, on the other hand, asserted that the dismissal was legitimate and in accordance with the terms of the agreement.

The central legal issues revolved around whether the dismissal was justified and whether it complied with the statutory requirements. Specifically, the Commission had to examine whether the company had followed the correct procedures for terminating the employment agreement, whether the driver's conduct warranted termination, and if the termination was proportionate to the alleged misconduct. The Commission also needed to consider if the dismissal was harsh, unjust, or unreasonable in the circumstances.

In delivering its decision, the Fair Work Commission found that the driver's dismissal was indeed justified and conducted in accordance with the terms of the agreement. The company had followed the necessary procedures, and the driver's conduct did warrant termination. The Commission held that the dismissal was neither harsh nor unjust, given the circumstances. Therefore, the dismissal was deemed lawful and valid. The Commission dismissed the driver's claim for unfair dismissal.

James Dickson & Co. Pty Ltd T/A National Distribution (VIC)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established