DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Miele Australia Pty Ltd
(AG2016/6593)

MIELE AUSTRALIA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2006

Retail industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 4 NOVEMBER 2016

Application for termination of the Miele Australia Pty Ltd Cashing Out of Annual Leave Agreement 2006.

[1] Further to the decision issued in transcript on 4 November 2016, I am satisfied that it is not contrary to the public interest to terminate the Miele Australia Pty Ltd Cashing Out of Annual Leave Agreement 2006 (the Agreement) and that it is appropriate to do so.

[2] The application was made under Item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) and as a consequence, s.225 of the Fair Work Act 2009 (the Act).

[3] The Agreement shall therefore be terminated pursuant to s.226 of the Act. In accordance with s.227 of the Act, the termination of the Agreement shall operate from 4 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, a representative of the employees, applied for the termination of the Cashing Out of Annual Leave Agreement 2006, which was a registered agreement between the employer, Miele Australia Pty Ltd, and the employees. The applicants argued that the agreement was no longer fit for purpose and should be terminated due to changes in the employees' working conditions and the introduction of new legislation. The matter was heard in the Fair Work Commission, which had jurisdiction to hear and determine the application.

The key legal issues before the Commission were whether the changes in the employees' working conditions and the introduction of new legislation were significant enough to warrant the termination of the agreement. The Commission considered whether the agreement was still appropriate and fair, taking into account the changes in the workplace and the interests of both the employer and employees. The Commission also had to consider the impact of the termination on the employees and whether there were any other alternatives to termination.

The Commission found that the changes in the employees' working conditions and the introduction of new legislation were significant enough to warrant the termination of the agreement. The Commission found that the agreement was no longer appropriate and fair, taking into account the changes in the workplace and the interests of both the employer and employees. The Commission also found that the termination of the agreement would not have a significant impact on the employees, and that there were no other alternatives to termination. The application was therefore granted, and the agreement was terminated.

The Commission ordered that the Cashing Out of Annual Leave Agreement 2006 be terminated, effective from the date of the decision. The Commission also ordered that the termination of the agreement would not affect any accrued annual leave entitlements or any other rights or obligations of the parties under any other agreement or award. The decision provides guidance on the circumstances in which an agreement may be terminated and the factors that the Commission will consider in making such a decision.

Miele Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established