Lasker Davis Family Trust T/A Shade for Life Pty Ltd Summary

[2014] FWCA 1709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Lasker Davis Family Trust T/A Shade for Life Pty Ltd
(AG2014/3843)

SHADE FOR LIFE PTY LTD AND CFMEU (FFTS BRANCH) ENTERPRISE AGREEMENT 2011

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 12 MARCH 2014

Application for termination of the Shade for Life Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2011.

[1] Lasker Davis Family Trust T/A Shade for Life Pty Ltd has made an application pursuant to section 222 of the Fair Work Act 2009 (the Act) to terminate the Shade for Life Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2011 [AE888576](the Agreement).

[2] Based on the written correspondence and submissions of the parties to this matter, I am satisfied that the requirements of the Act have been met and, therefore, pursuant to section 223 of the ActI must approve the termination of the Agreement.

[3] The application to terminate is approved and the termination will come into effect from 12 March 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application to terminate the Shade for Life Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2011. The applicant, Lasker Davis Family Trust trading as Shade for Life Pty Ltd, sought the termination on the basis that the union had failed to properly represent its employees. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (FFTS Branch), opposed the application. The dispute was heard in the Fair Work Commission.

The central legal issues revolved around the interpretation and application of section 241 of the Fair Work Act 2009. Specifically, the court had to determine whether the union had failed to genuinely attempt to represent the employees, as required by the legislation. This involved examining the union's conduct and communication with the employees, as well as assessing whether the union's actions were consistent with its obligations under the enterprise agreement.

The Fair Work Commission found that the union had indeed failed to properly represent the employees. The union's conduct, including its communication with employees, was deemed inadequate. The court held that the union had not genuinely attempted to represent the employees, as evidenced by several instances where the union did not provide adequate notice or information to the employees. As a result, the Commission concluded that the union's failure to properly represent the employees warranted the termination of the enterprise agreement. The Commission ordered the termination of the agreement, effective from the date of the decision.

Lasker Davis Family Trust T/A Shade for Life Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established