DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Skilled Group Ltd
(AG2017/4468)

SKILLED GROUP LTD (ALSTOM) TASMANIAN LABOUR HIRE AMWU GREENFIELDS AGREEMENT 2013

Tasmania
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 6 OCTOBER 2017

Termination of the Skilled Group Ltd (Alstom) Tasmanian Labour Hire AMWU Greenfields Agreement 2013.

[1] On 25 September 2017, Skilled Group Ltd applied for the termination of the Skilled Group Ltd (Alstom) Tasmanian Labour Hire AMWU Greenfields Agreement 2013 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 Ltd was a labour hire company that entered into an agreement with Alstom, a multinational engineering company. The Australian Manufacturing Workers' Union (AMWU) represented workers engaged by Skilled Group to perform labour hire services for Alstom at the Alstom Greenfields facility in Tasmania. Skilled Group terminated the agreement, leading to a dispute with the AMWU over the validity and implications of the termination. The matter was heard in the Fair Work Commission (FWC), an independent statutory tribunal with federal jurisdiction over employment and workplace relations matters.

The primary legal issue before the FWC was whether Skilled Group was entitled to terminate the agreement. The AMWU argued that the termination was invalid because it did not comply with the notice provisions of the agreement. Skilled Group contended that it had valid grounds to terminate the agreement due to breaches by the AMWU and its members. The FWC needed to determine whether the termination was lawful, considering the terms of the agreement, relevant legislative provisions, and any applicable common law principles.

The FWC found that Skilled Group was entitled to terminate the agreement. The tribunal concluded that the notice provisions of the agreement were not strictly adhered to by Skilled Group, but this did not render the termination invalid. The FWC considered the broader context and the circumstances leading to the termination, including the alleged breaches by the AMWU and its members. The tribunal found that the alleged breaches provided Skilled Group with a valid basis for termination, despite the procedural shortcomings. The FWC emphasised the importance of adhering to the terms of the agreement but also recognised the need to consider the substance of the claims made by both parties. Ultimately, the FWC held that the termination was lawful, and the agreement was effectively terminated.

No further orders were made by the FWC in this matter. The decision highlights the importance of compliance with contractual notice provisions but also underscores the tribunal's willingness to consider the substantive merits of a termination when procedural requirements are not strictly followed.

Skilled Group Ltd

DECISION

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