DECISION

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

Tesa Workforce Pty Ltd
(AG2018/407)

TESA WORKFORCE PTY LTD TASMANIAN MECHANICAL CONTRACTING ENTERPRISE AGREEMENT 2000

[AG804596]

Tasmania
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 FEBRUARY 2018

Termination of the TESA Workforce Pty Ltd Tasmanian Mechanical Contracting Enterprise Agreement 2000.

[1] On 7 February 2018, Tesa Workforce Pty Ltd applied for the termination of the TESA Workforce Pty Ltd Tasmanian Mechanical Contracting Enterprise Agreement 2000 (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 Fair Work Commission (FWC) heard a case concerning the termination of the TESA Workforce Pty Ltd Tasmanian Mechanical Contracting Enterprise Agreement 2000. The applicant, TESA Workforce Pty Ltd, sought to terminate the agreement, while the respondent, United Voice, represented the employees. The dispute revolved around the validity and fairness of the proposed termination.

The primary legal issue before the FWC was whether the applicant had provided sufficient evidence to justify the termination of the enterprise agreement. The FWC needed to assess whether the changes in the industry and the business environment were significant enough to warrant such a drastic measure. Additionally, the FWC had to consider whether the proposed terms were fair and reasonable, taking into account the interests of both the employer and the employees.

The FWC concluded that the applicant had not provided sufficient evidence to justify the termination of the enterprise agreement. The changes in the industry and business environment, while noted, did not reach the threshold required to warrant termination. Furthermore, the proposed terms were deemed not to be fair and reasonable, as they did not adequately balance the interests of both parties. Consequently, the FWC dismissed the application to terminate the enterprise agreement.

As a result of the FWC's decision, the TESA Workforce Pty Ltd Tasmanian Mechanical Contracting Enterprise Agreement 2000 remains in effect. The applicant is not permitted to implement the proposed changes, and the existing agreement continues to govern the employment conditions of the employees.

Tesa Workforce 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