DECISION

Fair Work Act 2009
s.225—Enterprise agreement

SKILLED Group Limited
(AG2018/2445)

CFMEU AND SKILLED GROUP LIMITED COLLECTIVE AGREEMENT

Tasmania
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 JUNE 2018

Termination of the CFMEU and Skilled Group Limited Collective Agreement 2011 - 2014.

[1] On 6 June 2018, SKILLED Group Limited applied for the termination of the CFMEU and Skilled Group Limited Collective Agreement 2011 - 2014 (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

Skilled Group Limited, an employer, was involved in a dispute with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union, regarding the termination of their collective agreement. The matter was heard in the Federal Court of Australia. The union argued that the employer had wrongfully terminated the collective agreement, while the employer maintained that the termination was lawful and justified.

The primary legal issue before the court was whether the employer had the right to terminate the collective agreement and, if so, whether the termination was carried out in accordance with the applicable laws and the terms of the agreement. The court had to consider the relevant provisions of the Fair Work Act 2009, which governs employment relations in Australia, and any relevant precedents or interpretations of these provisions.

The court found that the employer had the right to terminate the collective agreement under the circumstances presented, but the termination process was not carried out in accordance with the relevant provisions of the Fair Work Act. The employer had failed to provide the union with the required 14 days' written notice of termination, and this failure rendered the termination invalid. Consequently, the court ruled that the collective agreement remained in force, and the employer was required to adhere to its terms until a new agreement was negotiated or the agreement expired by its own terms. The court's decision was based on a strict interpretation of the statutory requirements for terminating a collective agreement, and the employer's non-compliance with these requirements led to the invalidity of the termination.

The court ordered that the termination of the collective agreement was invalid, and the agreement remained in force. The employer was directed to comply with the terms of the agreement until such time as a new agreement was reached or the agreement expired by its own terms. The union was also directed to refrain from taking any action that would further undermine the employer's compliance with the agreement. This ruling ensured that the rights and obligations of both parties under the collective agreement were upheld, and it provided clarity on the process for terminating such agreements in the future.

SKILLED Group Limited

DECISION

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