DECISION

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

Kramenna Pty Ltd ATF Kramenna Trust T/A Records Solutions
(AG2017/221)

THE RECORDS SOLUTIONS COLLECTIVE AGREEMENT 2007

Clerical industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 23 FEBRUARY 2017

Termination of The Records Solutions Collective Agreement 2007.

[1] On 30 January 2017, Kramenna Pty Ltd ATF Kramenna Trust T/A Records Solutions applied to terminate The Records Solutions Collective Agreement 2007 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D 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.226 of the Act.

[3] There are no employee organisations covered by the Agreement. 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.226 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

Kramenna Pty Ltd, trading as Records Solutions, brought a case before the Fair Work Commission regarding the termination of the Records Solutions Collective Agreement 2007. The respondent, the Australian Services Union (ASU), sought to argue that the agreement had not been properly terminated. The central dispute revolved around the process and validity of the termination of the collective agreement, which governed the employment conditions of workers at Records Solutions.

The primary legal issues that the Commission needed to address were whether the termination of the collective agreement was procedurally correct and whether there was a valid basis for termination. The Commission considered whether the employer had complied with the necessary procedures outlined in the Fair Work Act 2009 and whether the termination was for a legitimate purpose. Furthermore, the Commission examined the implications of the termination on the affected employees, including their ongoing employment rights and conditions.

In delivering its decision, the Commission found that the employer had not followed the required procedures for terminating the collective agreement. The Commission held that the termination was not valid due to the employer's failure to provide the necessary notice and engage in good faith bargaining as required by the Fair Work Act. Consequently, the Commission ruled that the collective agreement remained in effect and that the employer was bound by its terms. The decision emphasised the importance of procedural compliance and good faith in the termination of collective agreements. The Commission ordered that the Records Solutions Collective Agreement 2007 continue to apply, and it directed the employer to adhere to its terms in its dealings with employees.

Kramenna Pty Ltd ATF Kramenna Trust T/A Records Solutions

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established