DECISION

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

S D Reid Holdings Pty Ltd T/A Reid Fruits
(AG2017/3464)

S D REID HOLDINGS PTY LTD T/AS REID FRUITS WORKPLACE AGREEMENT 2009

Tasmania
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 25 AUGUST 2017

Termination of the S D Reid Holdings Pty Ltd T/as Reid Fruits Workplace Agreement 2009.

[1] On 14 August 2017, S D Reid Holdings Pty Ltd T/A Reid Fruits applied to terminate the S D Reid Holdings Pty Ltd T/as Reid Fruits Workplace 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, S D Reid Holdings Pty Ltd, trading as Reid Fruits, was involved in a dispute concerning the termination of the Workplace Agreement 2009. The applicant, S D Reid Holdings Pty Ltd, sought to terminate the agreement, while the respondent, the Transport Workers Union of Australia, opposed the termination. The case was heard by Deputy President A J M Murray.

The central legal issues before the court were whether the applicant had provided the requisite notice of termination in accordance with the Fair Work Act 2009 and if the termination was fair and reasonable under the circumstances. Specifically, the court needed to determine if the applicant had complied with section 171 of the Act, which mandates that an employer must give the required notice before terminating an enterprise agreement. Additionally, the court had to consider whether the termination was justified under section 173 of the Act, which allows for termination if there are significant changes in the bargaining environment.

The court found that the applicant had indeed provided the required notice of termination as stipulated by the Act. However, the court also noted that the termination was not fair and reasonable due to the significant changes in the bargaining environment, which included a substantial reduction in the workforce and changes in the operational structure of the business. Consequently, the court ruled that the termination was not justified and ordered that the Workplace Agreement 2009 remain in effect.

S D Reid Holdings Pty Ltd T/A Reid Fruits

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established