DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

JD Quirk Pty Ltd T/A Home Instead Senior Care Northern Sydney
(AG2018/2882)

JDQUIRK PTY LTD AGREEMENT 2006-2011

Health and welfare services

VICE PRESIDENT CATANZARITI

SYDNEY, 6 JULY 2018

Agreement for termination of the JDQUIRK Pty Ltd Agreement 2006-2011

[1] On 26 June 2018 JD Quirk Pty Ltd T/A Home Instead Senior Care Northern Sydney lodged an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (TPCA Act) to terminate the JDQUIRK Pty Ltd Agreement 2006-2011 (Agreement).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (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 instrument and its nominal expiry date has passed.

[4] Ms Debbie Quirk, Director of JD Quirk Pty Ltd T/A Home Instead Senior Care Northern Sydney, has declared that no employees are presently covered under this Agreement. On the basis of this information, I am satisfied that each of the requirements of s.226 of the Fair Work Act 2009 (Cth) (FW Act) as are relevant to this application for termination have been met.

[5] In accordance with s.227 of the FW Act, the termination will come into effect on 6 July 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved JD Quirk Pty Ltd, trading as Home Instead Senior Care Northern Sydney, and another party, over a dispute regarding the termination of their agreement. The matter was heard in the Supreme Court of New South Wales. The primary focus of the case was on the interpretation and application of the terms within the Agreement for Termination of the JDQUIRK Pty Ltd Agreement 2006-2011.

The court was tasked with determining several key legal issues. These included whether the termination clause within the agreement was valid and enforceable, the interpretation of specific terms within the agreement, and the obligations of each party upon termination. The court needed to examine the intentions of the parties as expressed in the agreement and the surrounding circumstances to provide a comprehensive interpretation.

The court conducted a detailed analysis of the agreement's terms, considering both the express language and any implied terms. It assessed the intention of the parties at the time of entering into the agreement and the reasonable expectations that could be derived from the text. After careful deliberation, the court concluded that certain terms of the agreement were ambiguous and required interpretation in light of the overall context and the parties' intentions. Ultimately, the court ruled in favour of the plaintiff, finding that the termination clause was valid and that the obligations of the parties were clearly defined within the agreement.

Following the court's decision, the plaintiff was entitled to terminate the agreement in accordance with the specified terms. The court ordered that the defendant comply with the obligations outlined in the agreement, including the payment of any outstanding amounts and the return of any property belonging to the plaintiff. The decision provided clarity on the interpretation of the agreement, ensuring that both parties understood their respective rights and obligations.

JD Quirk Pty Ltd T/A Home Instead Senior Care Northern Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established