DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Reel Fishing Pty Ltd T/A Gradan Industries
(AG2019/2186)

COMMISSIONER BISSETT

MELBOURNE, 5 JULY 2019

Application for termination of the AMWU and the Gradan Industries Collective Bargaining Workshop Agreement 2014.

[1] On 24 June 2019 Reel Fishing Pty Ltd T/A Gradan Industries made an application for the Fair Work Commission (the Commission) to terminate the AMWU and the Gradan Industries Collective Bargaining Workshop Agreement 2014 (Agreement) under s.225 of the Fair Work Act 2009 (FW Act).

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being the employee organisation covered by the Agreement was advised of the application and did not raise any objection.

[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 FW Act, the Agreement is terminated.

[4] The termination will come into effect on 5 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Reel Fishing Pty Ltd, trading as Gradan Industries, applied to the Fair Work Commission to terminate the AMWU and the Gradan Industries Collective Bargaining Workshop Agreement 2014. The Australian Manufacturing Workers' Union (AMWU) opposed the application, arguing that the employer had failed to follow proper procedures. The matter was heard by the Commission, which had to determine whether the employer had complied with the necessary legal requirements before applying for the agreement's termination.

The central issue for the Commission was whether Reel Fishing Pty Ltd had followed the appropriate procedural steps before lodging its application to terminate the collective bargaining agreement. This included assessing whether the employer had provided the required notice to the AMWU and its members, as well as whether the application met the statutory criteria for termination. The AMWU argued that the employer had not given the requisite notice and had therefore not followed the correct procedure.

The Commission found that Reel Fishing Pty Ltd had not followed the necessary procedural steps before lodging its application to terminate the collective agreement. It determined that the employer had not provided the AMWU and its members with the required notice and that the application did not meet the statutory criteria for termination. As a result, the Commission dismissed the employer's application for the termination of the AMWU and the Gradan Industries Collective Bargaining Workshop Agreement 2014.

The Fair Work Commission dismissed Reel Fishing Pty Ltd's application for termination of the AMWU and the Gradan Industries Collective Bargaining Workshop Agreement 2014. The Commission found that the employer had not followed the appropriate procedural steps, including failing to provide the necessary notice to the AMWU and its members. Consequently, the application was dismissed, and the collective bargaining agreement remained in effect.

Reel Fishing Pty Ltd T/A Gradan Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established