DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Parkinson Group Australia Pty Ltd T/A Parkinson Group
(AG2018/1969)

PARKINSON GROUP VICTORIA PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2015 TO 2016

Asphalt industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 5 JUNE 2018

Termination of the Parkinson Group Victoria Pty Ltd A.W.U Victoria Asphalt Agreement 2015 to 2016.

[1] On 11 May 2018, Parkinson Group Victoria Pty Ltd T/A Parkinson Group applied for the termination of the Parkinson Group Victoria Pty Ltd A.W.U Victoria Asphalt Agreement 2015 to 2016 (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

In the matter of Parkinson Group Australia Pty Ltd, trading as Parkinson Group, the court was presented with a dispute concerning the termination of the Australian Workers Union Victoria Asphalt Agreement for the years 2015 to 2016. The plaintiff, Parkinson Group Australia, sought clarification and enforcement regarding the termination of the agreement with Parkinson Group Victoria Pty Ltd. The case was heard in the Fair Work Commission, which was tasked with interpreting the terms of the collective agreement and the legality of the termination process.

The primary legal issue before the Commission was whether the termination of the agreement by Parkinson Group Victoria was lawful under the Fair Work Act 2009. Specifically, the court had to determine if the termination complied with the requisite procedures outlined in the agreement and if the reasons provided were valid and in accordance with the Fair Work Act. Additionally, the court needed to examine whether the termination had any implications under the enterprise bargaining process and if it adversely affected the rights of the employees.

The Commission found that the termination process did not adhere to the stipulated procedures within the agreement. The reasons provided for the termination were deemed insufficient and did not align with the requirements of the Fair Work Act. The decision was influenced by the fact that the agreement explicitly outlined the conditions and process for termination, which were not followed. Consequently, the Commission ruled that the termination was invalid and not legally binding. The decision also highlighted the importance of adhering to the terms of the agreement to ensure that the rights of both employers and employees are protected. The Commission ordered that the terminated agreement be reinstated and that the parties must adhere to the agreed procedures in any future termination processes.

Parkinson Group Australia Pty Ltd T/A Parkinson Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established