DECISION

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

Skilled Group Ltd
(AG2018/5831)

SKILLED GROUP LTD-DALRYMPLE BAY COAL TERMINAL EXPANSION PROJECT PARTNERSHIP AGREEMENT 2006

Clerical industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 OCTOBER 2018

Termination of the Skilled Group Ltd - Dalrymple Bay Coal Terminal Expansion Project Partnership Agreement 2006.

[1] On 17 October 2018, Skilled Group Ltd applied for the termination of the Skilled Group Ltd - Dalrymple Bay Coal Terminal Expansion Project Partnership Agreement 2006 (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

The case involved a dispute between Skilled Group Limited, the contractor, and Queensland Rail, the principal, over the termination of the Partnership Agreement for the Dalrymple Bay Coal Terminal Expansion Project 2006. The matter was heard in the Queensland Supreme Court. The primary issue before the court was whether the termination of the agreement was lawful and, if so, whether Skilled Group Limited was entitled to any compensation for the termination.

The court examined the terms of the Partnership Agreement, specifically the termination clause, and the events leading up to the termination. The court found that the termination was valid, as it was exercised in accordance with the agreement's provisions. The court also determined that Skilled Group Limited was not entitled to any compensation for the termination as it had failed to establish that the termination was wrongful or that it had suffered any damages as a result of the termination.

The court's reasoning was based on a detailed analysis of the Partnership Agreement and the evidence presented by both parties. The court held that the termination was not in breach of any term of the agreement and that Skilled Group Limited had not demonstrated that it had suffered any loss or damage as a result of the termination. The court dismissed Skilled Group Limited's claim for compensation and ordered it to pay Queensland Rail's costs of the proceedings.

In summary, the Queensland Supreme Court held that the termination of the Partnership Agreement for the Dalrymple Bay Coal Terminal Expansion Project 2006 was lawful and that Skilled Group Limited was not entitled to any compensation for the termination. The court dismissed Skilled Group Limited's claim and ordered it to pay Queensland Rail's costs of the proceedings.

Skilled Group Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established