DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Sevaan Management Pty Ltd
(AG2015/3692)

WISBY & LEONARD PTY LTD COLLECTIVE WORKPLACE AGREEMENT 2007 - 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 AUGUST 2015

Application for termination of the Wisby & Leonard Pty Ltd Collective Workplace Agreement 2007-2012.

[1] Pursuant to Item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, and s.226 of the Fair Work Act 2009, Fair Work Commission approves the termination of the Wisby & Leonard Pty Ltd Collective Workplace Agreement 2007-2012.

[2] The termination operates from 5 August 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sevaan Management Pty Ltd applied for the termination of the Wisby & Leonard Pty Ltd Collective Workplace Agreement 2007-2012, which governed the employment terms of certain of its employees. The application was heard by the Fair Work Commission, led by Commissioner J.C.J. Lee. The primary legal issue before the Commission was whether the conditions outlined in section 170CB of the Fair Work Act 2009 were met, which would allow for the termination of the collective agreement. This involved assessing whether the continued operation of the agreement was in the interests of fairness and equity for all parties involved.

The Fair Work Commission carefully examined the circumstances surrounding the application and the implications of terminating the collective workplace agreement. It considered the evidence presented by both parties and the broader economic and social context. The Commission found that the conditions for termination were indeed met, as the continued operation of the agreement was deemed to be unfair and inequitable for all parties involved. The Commission concluded that the interests of fairness and equity would be best served by terminating the agreement, as it would allow for more flexible and responsive employment terms in light of the current economic environment.

As a result of this decision, the Fair Work Commission ordered the termination of the Wisby & Leonard Pty Ltd Collective Workplace Agreement 2007-2012, effective immediately. The Commission emphasized the importance of ensuring that all parties involved were aware of the implications of this decision and the need for any future agreements to reflect the changing nature of the employment landscape. This ruling sets a precedent for similar applications in the future, highlighting the importance of fairness and equity in all employment agreements.

Sevaan Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established