Ms Simone Lennox

In the matter of Ms Simone Lennox, an application for the termination of the Footlong Subs Employment Services Pty Ltd Employee Collective Agreement 2007 was considered. The applicant, Ms Lennox, had ceased her employment, and the union involved submitted a statutory declaration, which led to a jurisdictional objection being raised by the respondent, Footlong Subs Employment Services Pty Ltd. The Fair Work Commission was tasked with resolving this dispute.

The primary legal issue before the Commission was whether it had the jurisdiction to hear the application for the termination of the collective agreement. The respondent argued that since Ms Lennox had ceased her employment, the Commission lacked the necessary jurisdiction. The Commission needed to determine if the statutory declaration made by the union could confer jurisdiction despite the applicant no longer being employed.

The Commission found that the statutory declaration made by the union was sufficient to confer jurisdiction, as it demonstrated the union's interest in the collective agreement and its relevance to the broader workforce. The Commission dismissed the jurisdictional objection, concluding that it had the requisite jurisdiction to proceed with the application. Consequently, the Commission was empowered to make an order terminating the collective agreement.

The Fair Work Commission ordered the termination of the Footlong Subs Employment Services Pty Ltd Employee Collective Agreement 2007, dismissing the jurisdictional objection raised by the respondent. This decision allowed the Commission to address the substantive application for termination, ensuring that the legal process could continue without jurisdictional impediments.