CORRECTION TO DECISION

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

The Australian Workers' Union
(AG2015/4630)

ROOSTERS TRAFFIC CONTROL UNION COLLECTIVE AGREEMENT 2009-2012

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 SEPTEMBER 2015

Application for termination of the Roosters Traffic Control Union Collective Agreement 2009-2012.

[1] The decision issued by the Fair Work Commission on 27 August 2015 [2015] FWCA 5932 is corrected as follows:

1. By inserting, at the end of the decision, a new paragraph [6] as follows:

“[6] The agreement is terminated on and from 27 August 2015.”

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Australian Workers' Union lodged an application seeking the termination of the Roosters Traffic Control Union Collective Agreement 2009-2012, which was the subject of a dispute with the respondent union. The matter was heard in the Fair Work Commission. The crux of the dispute lay in the contention by the applicant union that the respondent union had failed to adhere to the requirements of section 233 of the Fair Work Act 2009 by not providing adequate notice of the intention to terminate the agreement. The applicant argued that this failure rendered the termination invalid. The Commission was tasked with determining whether the termination process complied with the statutory provisions and whether the respondent union's actions were in accordance with the agreement's terms and conditions.

The Commission examined the provisions of section 233 of the Act, which stipulates the conditions for terminating a registered agreement. It was necessary to assess whether the respondent union had given the requisite notice to the applicant union as required by the legislation. The Court considered the submissions from both parties and reviewed the evidence presented regarding the notice given. The Commission found that the respondent union had indeed failed to provide the appropriate notice, thereby breaching the agreement and the statutory requirements. As a result, the Court ruled that the termination was not valid due to the procedural non-compliance.

Consequently, the application for the termination of the agreement was dismissed. The Court determined that the respondent union's failure to provide proper notice invalidated the termination process. The Collective Agreement remained in effect, and the Court emphasised the importance of adhering to the statutory and contractual obligations when seeking to terminate such agreements. The final orders were that the termination of the agreement was not effective, and the agreement remained binding on the parties until its expiration or until properly terminated in the future.

The Australian Workers' Union

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established