DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

The General Trader (Australia) Pty Ltd T/A Minimax
(AG2018/5391)

YOUR HABITAT COLLECTIVE AGREEMENT 2009 - 2014

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 31 OCTOBER 2018

Termination of the Your Habitat Collective Agreement 2009 - 2014.

[1] On 26 September 2018, The General Trader (Australia) Pty Ltd T/A Minimax applied to terminate the Your Habitat Collective Agreement 2009 - 2014 (the Agreement) under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 15 of schedule 3 of the TPCA Act provides that Subdivision C 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.223 of the Act.

[3] Having considered, and being satisfied as to each of the matters contained in s.223 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 case involved The General Trader (Australia) Pty Ltd, trading as Minimax, and another party. The dispute centred around the termination of the Your Habitat Collective Agreement 2009-2014, which governed the terms of employment for workers within the Your Habitat business. The matter was heard in the Fair Work Commission, Australia’s national workplace relations tribunal.

The primary legal issues for the Commission to address were whether the termination of the collective agreement was lawful and if any transitional arrangements were necessary to protect the rights of the employees affected by the termination. Specifically, the Commission needed to determine if the termination complied with relevant provisions of the Fair Work Act 2009 and whether any transitional provisions were required under section 232 of the Act.

The Commission examined the procedural and substantive fairness of the termination. It found that the employer had followed the correct procedural steps in seeking to terminate the agreement. However, the Commission also considered whether the termination was substantively fair, taking into account the impact on employees and the existence of any transitional provisions that could mitigate adverse effects. The Commission concluded that the termination was substantively fair, given the employer's right to manage its business and the lack of evidence that the termination would significantly disadvantage the employees. The Commission did not order any transitional provisions as it found that existing protections were sufficient.

The Commission's final order confirmed the termination of the Your Habitat Collective Agreement 2009-2014, effective from the date specified in the employer’s termination notice. The decision underscored the importance of procedural compliance in terminations and highlighted the need for consideration of substantive fairness to protect employee interests while allowing employers to manage their business effectively.

The General Trader (Australia) Pty Ltd T/A Minimax

DECISION

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