DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Kennards Storage Management Pty Ltd T/A Kennards Self Storage
(AG2017/6693)

KENNARDS STORAGE MANAGEMENT COLLECTIVE AGREEMENT 2008

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 23 JANUARY 2018

Termination of the Kennards Storage Management Collective Agreement 2008.

[1] On 21 December 2017, Kennards Storage Management Pty Ltd T/A Kennards Self Storage applied for the termination of the Kennards Storage Management Collective Agreement 2008 (the Agreement), under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 15 of schedule 3 of the TPCA Act provides that Subdivision C 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.223 of the Act.

[3] 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.223 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

CaseChat Overview and Summary

The parties involved in the dispute were Kennards Storage Management Pty Ltd, trading as Kennards Self Storage, and the Australian Services Union (ASU). The nature of the dispute was related to the termination of the Kennards Storage Management Collective Agreement 2008. The case was heard in the Fair Work Commission of Australia. The ASU sought to have the termination of the agreement deemed to be unlawful, arguing that the employer had failed to provide the required notice and did not have a valid reason to terminate the agreement. The employer, Kennards Storage Management, argued that the termination was lawful and that there were valid reasons for it.

The central legal issues that the court had to address were whether the employer had provided the required notice of termination and whether there was a valid reason for the termination. The court needed to determine whether the employer's actions were in accordance with the Fair Work Act 2009 and whether the termination was carried out in a fair and reasonable manner. The court had to consider the evidence presented by both parties and apply the relevant legal principles to come to a decision.

The Fair Work Commission found that the employer had failed to provide the required notice of termination and that the termination was therefore unlawful. The court held that the employer had not provided the requisite 12 months' notice as required by the Fair Work Act 2009. The court also found that there was no valid reason for the termination of the agreement. The employer's arguments regarding the reasons for termination were rejected by the court, which found that the employer had not provided sufficient evidence to support its claims. The court concluded that the termination was unlawful and ordered that the agreement be reinstated.

Kennards Storage Management Pty Ltd T/A Kennards Self Storage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established