DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Programmed Skilled Workforce Ltd
(AG2018/2173)

SKILLED TRANSPORT WORKERS’ UNION FAIR WORK AGREEMENT 2011

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 7 JUNE 2018

Termination of the SKILLED Transport Workers’ Union Fair Work Agreement 2011.

[1] On 23 May 2018, Programmed Skilled Workforce Ltd applied for the termination of the SKILLED Transport Workers’ Union Fair Work Agreement 2011 (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

Programmed Skilled Workforce Ltd was a dispute brought before the Fair Work Commission concerning the termination of the Skilled Transport Workers’ Union Fair Work Agreement 2011. Programmed Skilled Workforce Ltd, the employer, sought to terminate the agreement, which governed the terms and conditions of employment for skilled transport workers, arguing changes in the industry and financial pressures necessitated such action. The union contested the termination, arguing that the employer did not meet the statutory criteria for termination and that the move was an attempt to undermine worker protections.

The legal issues before the Fair Work Commission centred on whether the employer had a valid reason to terminate the agreement and whether the termination process complied with the relevant provisions of the Fair Work Act 2009. Key points included whether the employer could demonstrate that the changes in the industry warranted a termination of the agreement, and if the employer’s financial difficulties were directly linked to the terms of the agreement. Additionally, the court had to assess if the employer followed the proper procedural steps in seeking to terminate the agreement.

In its decision, the Fair Work Commission found that while the employer had experienced financial pressures and changes in the industry, these factors alone were insufficient to justify termination of the agreement. The employer did not provide sufficient evidence to demonstrate that the changes in the industry or financial difficulties were directly attributable to the terms of the existing agreement. Furthermore, the Commission concluded that the employer did not follow the appropriate procedural steps for termination, which included failing to provide adequate notice and opportunity for negotiation with the union. As a result, the termination was deemed invalid, and the agreement remained in effect. The Commission ordered the employer to reinstate the terms of the existing agreement and to engage in good-faith negotiations with the union to address any future disputes.

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