DECISION

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

Peppermint Bay Pty Ltd T/A Peppermint Bay
(AG2018/1662)

PEPPERMINT BAY EMPLOYEE COLLECTIVE AGREEMENT 2009

[AC325498]

Tasmania
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 22 MAY 2018

Termination of the Peppermint Bay Pty Ltd Employee Collective Agreement 2009.

[1] On 26 April 2018, Peppermint Bay Pty Ltd T/A Peppermint Bay applied for the termination of the Peppermint Bay Pty Ltd Employee Collective Agreement 2009 (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. 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 Fair Work Commission, the matter of Peppermint Bay Pty Ltd, trading as Peppermint Bay, was heard. The company sought to terminate the Employee Collective Agreement 2009, which was in place between the employer and its employees. The dispute centred on the company's request to terminate the agreement due to financial difficulties and a need to adjust workforce structures.

The primary legal issues the Commission needed to address were whether the termination was justified under the Fair Work Act 2009 and whether the process followed was in accordance with the statutory requirements. Specifically, the Commission needed to determine if the employer had provided genuine reasons for the termination and if the employees had been appropriately consulted. Furthermore, the Commission needed to consider the implications of the termination on the employees and the broader industrial relations context.

The Commission found that the employer had provided evidence of genuine financial difficulties and a legitimate need to restructure the workforce. The company demonstrated that it had followed the required consultation processes with the employees and their representatives. The Commission concluded that the employer's reasons for seeking termination were genuine and that the process was conducted in a fair and reasonable manner. The Commission upheld the termination of the collective agreement, allowing the company to implement its proposed changes.

The Commission's decision was based on a detailed examination of the evidence presented and a consideration of the principles of fairness and good faith in industrial relations. The outcome provided clarity for both the employer and the employees regarding the future employment conditions and the restructuring of the workforce.

Peppermint Bay Pty Ltd T/A Peppermint Bay

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established