DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Tina Swainson
(AG2021/4162)

MINU HOLDINGS PTY LTD COLLECTIVE ENTERPRISE AGREEMENT 2013

Vehicle industry
COMMISSIONER WILLIAMS	PERTH, 30 AUGUST 2021

Application for termination of the Minu Holdings Pty Ltd Collective Enterprise Agreement 2013.

[1] This decision concerns an application made under section 225 of the Fair Work Act 2009 (the Act) for the termination of the Minu Holdings Pty Ltd Collective Enterprise Agreement 2013 (the Agreement).

[2] For the reasons given on transcript at the hearing, I am satisfied that it is not contrary to the public interest to terminate the Agreement and it is appropriate to terminate the Agreement in all the circumstances.

[3] Accordingly, the Minu Holdings Pty Ltd Collective Enterprise Agreement 2013 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from Wednesday, 1 September 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Tina Swainson saw the Fair Work Commission as the respondent to an application made by Minu Holdings Pty Ltd, the applicant. The applicant sought the termination of the Minu Holdings Pty Ltd Collective Enterprise Agreement 2013, which was previously certified by the Commission. The dispute centred on the application's assertion that the agreement did not meet the criteria for certification as a single-employer agreement, and therefore, should be terminated.

The court was required to determine whether the agreement met the necessary conditions for certification and whether the application met the legal standards for termination. The legal issues hinged on the interpretation of the relevant provisions of the Fair Work Act 2009 and the circumstances under which a certified agreement could be terminated. The applicant argued that the agreement was not genuinely a single-employer agreement as it included entities that were not genuinely separate businesses.

The court considered the evidence and arguments presented by both parties, focusing on the nature of the businesses involved and the relationship between them. The Commission had previously certified the agreement based on the understanding that the entities were genuinely separate businesses. The court found that the Commission's decision was based on a reasonable interpretation of the evidence and that the application did not provide sufficient grounds to overturn the certification. Consequently, the application for termination was dismissed. The court upheld the validity of the agreement as it stood.

Tina Swainson

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established