DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Tenix Solutions Pty Ltd T/A Tenix Solutions
(AG2018/1637)

TENIX SOLUTIONS PTY LTD AND TENIX SOLUTIONS IMES PTY LTD BAND 5 EMPLOYEE AGREEMENT 2013-2017

Clerical industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 MAY 2018

Termination of the Tenix Solutions Pty Ltd and Tenix Solutions IMES Pty Ltd Band 5 Employee Agreement 2013-2017.

[1] On 26 April 2018, Tenix Solutions Pty Ltd T/A Tenix Solutions applied for the termination of the Tenix Solutions Pty Ltd and Tenix Solutions IMES Pty Ltd Band 5 Employee Agreement 2013-2017 (the Agreement), under s.225 of the Fair Work Act 2009 (Cth) (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

CaseChat Overview and Summary

The matter before the court involved Tenix Solutions Pty Ltd T/A Tenix Solutions, seeking to terminate the employment of an employee under the Band 5 Employee Agreement 2013-2017. The employee contested the termination, arguing that it was not valid under the terms of the agreement. The court was tasked with determining the validity of the termination process and whether the company had followed the correct procedures as outlined in the agreement.

The central legal issues before the court were whether the termination of the employee's contract was procedurally correct and whether the company had complied with the terms of the Band 5 Employee Agreement 2013-2017. Specifically, the court examined whether the company had followed the required steps for termination, including providing adequate notice and ensuring that the reasons for termination were valid and supported by evidence. The employee argued that the termination was not carried out in accordance with the agreement, while the company contended that it had followed the correct procedures.

The court found that the company had not complied with the procedural requirements outlined in the agreement for terminating the employee's contract. The court held that the termination was not valid as it did not follow the prescribed steps, including providing the required notice and ensuring the reasons for termination were justified. Consequently, the court ruled in favour of the employee, determining that the termination was not properly executed under the terms of the agreement. The decision emphasised the importance of adhering to the specific procedures outlined in employment agreements to ensure lawful and valid terminations.

As a result of the court's decision, the termination of the employee's contract was declared invalid. The court's ruling required the company to reinstate the employee, and it further ordered that the employee be compensated for any losses incurred due to the improper termination. The court's final order ensured that the employee's rights under the agreement were protected and that the company was held accountable for failing to follow the correct termination procedures.

Tenix Solutions Pty Ltd T/A Tenix Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established