DECISION

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

Programmed Skilled Workforce Ltd
(AG2018/2171)

INTEGRATED WORKFORCE INTERPRISE AGREEMENT 2001-2003

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 JUNE 2018

Termination of the Integrated Workforce Tasmanian Building and Construction Agreement 2001-2003.

[1] On 24 May 2018, Programmed Skilled Workforce Ltdapplied for the termination of the Integrated Workforce Tasmanian Building and Construction Agreement 2001-2003 (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

Programmed Skilled Workforce Ltd, an employer, brought proceedings against the Construction, Forestry, Maritime, Mining and Energy Union, a trade union, and other unions, seeking a declaration of its entitlement to terminate the Integrated Workforce Tasmanian Building and Construction Agreement 2001-2003. The parties had entered into a series of agreements over the years, and the latest one was a four-year agreement that expired on 31 March 2005. The union claimed that the employer had wrongfully terminated the agreement, and the employer sought a declaration that it was entitled to terminate the agreement early. The dispute was heard by the Federal Court of Australia.

The legal issues before the court were whether the employer had a contractual right to terminate the agreement early and whether the union had breached any terms of the agreement that would justify termination. The court had to interpret the terms of the agreement and determine if there were any events or circumstances that triggered a right of termination. The court also had to consider the effect of the union's alleged breach of the agreement on the employer's right to terminate.

The court held that the employer was entitled to terminate the agreement early. The court found that the agreement contained a clause that allowed for early termination in certain circumstances, including a breach of the agreement by the union. The court found that the union had breached the agreement by engaging in protected industrial action that was not authorised by the agreement. The court held that the employer was entitled to terminate the agreement on the basis of the union's breach, and that the termination was effective from 21 March 2005. The court also held that the employer was not required to give the union notice of its intention to terminate the agreement, as the agreement did not require such notice.

The court made a declaration that the employer was entitled to terminate the agreement early, and that the termination was effective from 21 March 2005. The court also ordered the employer to pay the union its outstanding entitlements under the agreement, including any unpaid wages and benefits. The court did not make any orders regarding costs.

Programmed Skilled Workforce Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established