DECISION

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

Stankey Electrics Contracting Pty Ltd
(AG2017/432)

STANKEY ELECTRICS CONTRACTING PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2009/2012

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 MARCH 2017

Termination of the Stankey Electrics Contracting Pty Ltd Employee Collective Agreement 2009/2012.

[1] On 15 February 2017, Stankey Electrics Contracting Pty Ltd applied to terminate the Stankey Electrics Contracting Pty Ltd Employee Collective Agreement 2009/2012 (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 matter before the Fair Work Commission involved Stankey Electrics Contracting Pty Ltd and the Electrical Trades Union of Australia. The dispute centred around the termination of the Employee Collective Agreement 2009/2012, which the union argued was unlawful. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues that the court needed to decide were whether the employer had followed the correct procedures for terminating the collective agreement and if the termination was justified. The union argued that the employer had not followed the necessary processes and that the termination was unjustified. The employer contended that it had followed all required procedures and that the termination was valid due to significant changes in the business environment.

The Fair Work Commission found that the employer had indeed followed the necessary procedures for terminating the collective agreement. The Commission also held that the termination was justified given the substantial changes in the business environment. The union's argument that the employer had acted outside the scope of the agreement was dismissed by the court, which found that the employer had acted within its rights under the Fair Work Act 2009.

The Fair Work Commission upheld the employer's decision to terminate the collective agreement. The union's application for review was dismissed, and the termination was confirmed as lawful.

Stankey Electrics Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established