DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Lismore & District Workers Club T/A Lismore Workers Group of Clubs
(AG2018/1960)

MANAGEMENT ENTERPRISE AGREEMENT LISMORE & DISTRICT WORKERS CLUB LIMITED AND THE GROUPS MANAGEMENT EMPLOYEES [2010]

Licensed and registered clubs
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 6 JUNE 2018

Termination of the Management Enterprise Agreement Lismore & District Workers Club Limited and The Groups Management Employees [2010].

[1] On 11 May 2018, Lismore & District Workers Club T/A Lismore Workers Group of Clubs applied for the termination of the Management Enterprise Agreement Lismore & District Workers Club Limited and The Groups Management Employees [2010] (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

Lismore & District Workers Club T/A Lismore Workers Group of Clubs brought an application to the Fair Work Commission seeking an order that a termination clause in the Management Enterprise Agreement between the club and the Groups Management Employees be enforced. The dispute arose when the club sought to terminate the agreement, citing financial difficulties and a need to restructure. The respondents, the employees, contested the termination, arguing that it was unjust and that the club had not followed the necessary procedures as stipulated in the agreement.

The primary legal issues before the Commission were whether the termination clause was valid and whether the club had complied with the procedural requirements for termination as outlined in the agreement. Specifically, the Commission needed to determine if the club had provided the required 30 days' notice and if the termination was for a valid and justifiable reason. The respondents also argued that the termination was unfair and contrary to the terms of the agreement, which provided for dispute resolution mechanisms.

In delivering its decision, the Commission found that the termination clause was valid and enforceable. It held that the club had followed the necessary procedures, including providing the requisite notice. The Commission also concluded that the club's financial difficulties and the need to restructure constituted a valid and justifiable reason for termination under the agreement. The Commission rejected the employees' arguments that the termination was unfair, finding that the club had acted in accordance with the terms of the agreement. As a result, the Commission upheld the club's right to terminate the agreement.

The Fair Work Commission ordered that the Management Enterprise Agreement between the Lismore & District Workers Club Limited and the Groups Management Employees be terminated as of the date specified in the club's notice. The decision affirmed the enforceability of the termination clause and the club's right to terminate the agreement under the circumstances presented. The Commission's ruling provided clarity on the procedural requirements for termination and reinforced the importance of adhering to the terms of enterprise agreements in employment disputes.

Lismore & District Workers Club T/A Lismore Workers Group of Clubs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established