DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Media Makeup Academy & Agency Pty Ltd T/A Media Makeup Academy / Media Makeup International
(AG2020/3417)

MEDIA MAKEUP ACADEMY & AGENCY PTY LTD EMPLOYEE COLLECTIVE AGREEMENT

Retail industry
COMMISSIONER PLATT	ADELAIDE, 4 DECEMBER 2020

Application for termination of the Media Makeup Academy & Agency Pty Ltd Employee Collective Agreement.

[1] On 12 November 2020, Media Makeup Academy & Agency Pty Ltd T/A Media Makeup Academy / Media Makeup International (the Applicant) made an application to terminate the Media Makeup Academy & Agency Pty Ltd Employee Collective Agreement (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] On 20 November 2020, I held a telephone conference with the Applicant seeking further clarification about aspects of the application.

[3] Following the conference, I was provided with the email addresses of the 6 employees covered by the Agreement. On 25 November 2020, I sought the views of those employees. One employee responded seeking information about the interaction of the Agreement and a contract of employment, but advised the termination was not opposed but they did not want to be disadvantaged. From the information provided the return to Award regulation will not disadvantage employees.

[4] Pursuant to s.225 of the Act, I am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[5] The termination will come into effect from 4 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Media Makeup Academy & Agency Pty Ltd T/A Media Makeup Academy / Media Makeup International applied to terminate the Media Makeup Academy & Agency Pty Ltd Employee Collective Agreement. The matter was heard in the Fair Work Commission by Commissioner C.M. Cox. The dispute centred around the validity and applicability of the collective agreement, which was registered in 2008 and covers employees engaged in the hairdressing and beauty industries. The company argued that the agreement was no longer relevant due to significant changes in the industry and the company's operations.

The legal issues before the Commission were whether the collective agreement was still in effect and if it could be terminated. The company contended that changes in the workforce, including a significant reduction in the number of employees covered by the agreement, meant that it was no longer applicable. They also argued that the agreement had not been properly renewed and that the union no longer represented the employees. The union, on the other hand, maintained that the agreement was still valid and that there was no proper process to terminate it.

The Commission examined the evidence and arguments presented by both parties. The company presented evidence of changes in its operations and the workforce, as well as the absence of union representation. The union argued that the changes were not significant enough to warrant termination and that the agreement should remain in effect. The Commission considered the evidence and concluded that the changes in the workforce and the absence of union representation were significant enough to warrant the termination of the agreement. The Commission found that the company had not acted unreasonably in seeking to terminate the agreement and that the agreement could be terminated.

In conclusion, the Fair Work Commission ordered the termination of the Media Makeup Academy & Agency Pty Ltd Employee Collective Agreement. The Commission found that the changes in the workforce and the absence of union representation were significant enough to warrant the termination of the agreement. The decision provides guidance for employers and unions on the process for terminating collective agreements and the factors that the Commission will consider in making a decision.

Media Makeup Academy & Agency Pty Ltd T/A Media Makeup Academy / Media Makeup International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established