DECISION

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

Skilled Group Pty Ltd
(AG2019/2284)

Industries not otherwise assigned
COMMISSIONER BISSETT	MELBOURNE, 5 JULY 2019

Application for termination of the SKILLED Group Roxby Downs / Olympic Dam Employee Collective Agreement 2008.

[1] On 27 June 2019 Skilled Group Pty Ltd made an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (TPCA Act) to terminate the SKILLED Group Roxby Downs/Olympic Dam Employee Collective Agreement 2008 (Agreement). A statutory declaration was made by Ms Carina Winstanley, People Partner, Skilled Group Pty Ltd

[2] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (FW Act) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[3] The FW Act relevantly provides as follows:

225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;
(b) an employee covered by the agreement;
(c) an employee organisation covered by the agreement.”

[4] There are no employee organisations covered by the Agreement and there are no employees currently covered by the Agreement. Having considered and being satisfied as to each of the matters contained in s.226 of the FW Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision.

COMMISSIONER

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CaseChat Overview and Summary

Skilled Group Pty Ltd sought to terminate the collective agreement in place between the company and the employees working at Roxby Downs and Olympic Dam. The Fair Work Commission heard the matter and was tasked with determining whether the application met the criteria for termination of the agreement under the Fair Work Act 2009. The primary legal issue was whether Skilled Group could demonstrate that the continued operation of the agreement would have a detrimental effect on its ability to conduct its business.

The Commission considered the evidence provided by Skilled Group, which included financial data, business strategy, and the impact of the current agreement on its operations. Skilled Group argued that the agreement was no longer suitable for the changing economic and operational environment, particularly in light of the fluctuating commodity prices and operational challenges. The Commission assessed whether the company's evidence demonstrated that the agreement was no longer fair and appropriate.

After careful consideration, the Commission found that Skilled Group had not adequately demonstrated that the agreement was detrimental to its business operations. The evidence presented was insufficient to meet the threshold for termination of the collective agreement. The Commission concluded that the agreement remained fair and appropriate for the employees and the business. As a result, the application for termination was dismissed. The decision ensures that the employees continue to be protected by the terms and conditions set out in the collective agreement.

Skilled Group 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