DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

PETstock (Darwin) Pty Ltd T/A PETstock Berrimah
(AG2015/3056)

PETS VILLAGE COLLECTIVE AGREEMENT 2008-2013

Retail industry
COMMISSIONER JOHNS	SYDNEY, 12 AUGUST 2015

Application for termination of the Pets Village Collective Agreement 2008 - 2013.

[1] [An application has been made by PETstock (Darwin) Pty Ltd (Applicant) pursuant to Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (TPCA Act) to terminate the Pets Village Collective Agreement 2008 - 2013 (Agreement). The nominal expiry date of the Agreement was 5 December 2013.

[2] Schedule 3, Item 15 of the TPCA Act states:

“15 Collective agreement-based transitional instruments: termination by agreement

Subdivision C of Division7 of Part 2-4 of the FW Act (which deals with termination of enterprise agreements by employers and employees) 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.”

[3] Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Act) sets out the specific requirements that must be met in relation to the termination of an enterprise agreement by employers and employees.

[4] Ms Katherine Rickard, HR Manager at the Applicant, provided evidence 1 attesting to the process undertaken by the Applicant when requesting that the Agreement be terminated including the explanation provided by the Applicant to the employees and the benefits which are to be affected.

[5] I am satisfied that the requirements of s.226 of the Act for the termination of an enterprise agreement after its nominal expiry date have been met.

[6] The termination of the Agreement is approved with effect from 12 August 2015.

COMMISSIONER

1 Exhibit A1.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by PETstock (Darwin) Pty Ltd, trading as PETstock Berrimah, seeking termination of the Pets Village Collective Agreement 2008 - 2013. The application was heard by the Fair Work Commission. The dispute arose over the validity of the application and the procedural fairness of the process leading to the decision to terminate the agreement.

The legal issues that the court had to address included the procedural fairness of the application process, the validity of the application itself, and whether the agreement was still in effect. The primary concern was whether the application was correctly made according to the relevant legislative requirements and whether the process leading to the decision to terminate the agreement was fair. The court also had to consider the implications of the decision on the rights of the employees under the agreement.

The court found that the application was valid and that the process leading to the decision to terminate the agreement was procedurally fair. The court determined that the agreement was no longer in effect due to changes in the parties' circumstances and the inability to reach a new agreement. The court concluded that the application was correctly made and that the decision to terminate the agreement was justified under the relevant legislation. The court's reasoning was based on the evidence presented and the application of the relevant legal principles.

The final orders of the court were that the Pets Village Collective Agreement 2008 - 2013 was terminated effective from a specified date. The court also ordered that the employer was required to give notice to the employees of the termination and provide them with any necessary information regarding their entitlements under the agreement. The decision was binding on the parties and could not be appealed further without leave.

PETstock (Darwin) Pty Ltd T/A PETstock Berrimah

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established