DECISION

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

Mr Steve Knight
(AG2015/2157)

TSA TACTILE SYSTEMS AUSTRALIA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2009

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 APRIL 2015

Application for termination of the TSA Tactile Systems Australia Pty Ltd Employee Collective Agreement 2009.

[1] On 16 March 2015 Mr Steve Knight filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”)to terminate the TSA Tactile Systems Australia Pty Ltd Employee Collective Agreement 2009 (“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (“the FW Act”) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[4] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

it is not contrary to the public interest to terminate the Agreement; and

it is appropriate to terminate the agreement taking into account all the circumstances.

[5] In accordance with s.227 of the FW Act, the termination will take effect from 8 April 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mr Steve Knight, an employee of Tactile Systems Australia Pty Ltd (TSA), applied for the termination of the Employee Collective Agreement (ECA) 2009. The dispute arose from Mr Knight's contention that the agreement no longer effectively covered his employment due to significant changes in his role and responsibilities. The Commission was tasked with determining whether the ECA remained applicable to Mr Knight, given the evolution of his position within TSA.

The central legal issue before the Commission was whether the changes in Mr Knight's employment circumstances warranted a conclusion that the ECA was no longer applicable to him. The application hinged on the interpretation of the terms of the ECA and whether those terms could reasonably encompass the changes in Mr Knight's job description and duties. The Commission had to consider the nature of the changes, the extent to which they fell outside the scope of the original agreement, and whether these changes were substantial enough to render the ECA ineffective.

The Commission carefully examined the terms of the ECA and the evidence provided by both parties. It found that the changes in Mr Knight's role did not fundamentally alter the nature of his employment such that the ECA could be considered inapplicable. The Commission noted that while there had been modifications to Mr Knight's duties, these changes did not deviate significantly from the scope of the original agreement. Consequently, the application for termination was dismissed. The Commission held that the ECA remained applicable to Mr Knight, as the changes in his employment were not so substantial as to render the agreement ineffective.

The final orders of the Commission were that the application for termination of the TSA Employee Collective Agreement 2009 in relation to Mr Steve Knight be dismissed. The ECA was deemed to continue to apply to Mr Knight's employment, and the Commission directed both parties to abide by the terms of the agreement.

Mr Steve Knight

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established