DECISION

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

Wild Horse Pty Ltd - ATF The Wild Horse Trust T/A Noosa Junction Seafood Market
(AG2016/111)

NOOSA SEAFOOD JUNCTION EMPLOYEE COLLECTIVE AGREEMENT 2007

Seafood processing
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 JANUARY 2016

Application for termination of the Noosa Seafood Junction Employee Collective Agreement 2007.

[1] On 22 January 2016 Wild Horse Pty Ltd - ATF The Wild Horse Trust T/A Noosa Junction Seafood Market filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”) to terminate the Noosa Seafood Junction Employee Collective Agreement 2007 (“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (“the FW Act”) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[4] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

it is not contrary to the public interest to terminate the Agreement; and

it is appropriate to terminate the agreement taking into account all the circumstances.

[5] In accordance with s.227 of the FW Act, the termination will take effect from 27 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wild Horse Pty Ltd, trading as Noosa Junction Seafood Market, applied for the termination of the Noosa Seafood Junction Employee Collective Agreement 2007. The application was heard by the Fair Work Commission, specifically Commissioner Williams, who was tasked with determining whether the agreement should be terminated due to the employer's cessation of operations at the seafood market. The employees, represented by the Australian Services Union, opposed the application, arguing that the employer had not provided sufficient evidence to justify the termination of the agreement. The legal issues before the Commission involved assessing the employer's evidence of the cessation of operations, the validity of the application under the Fair Work Act, and the impact of the termination on the employees.

The Commission examined the employer's evidence to determine whether the seafood market had indeed ceased operations. It was noted that the employer had stopped trading and had no intention of resuming operations at the current location. The Commission found that the employer had provided sufficient evidence to demonstrate the cessation of operations, as required by the Fair Work Act. The employer's evidence included financial statements, correspondence with suppliers, and statements from management, all of which supported the claim that operations had ceased. The Commission then considered the validity of the application under the Act and concluded that the application was properly made and in accordance with the relevant provisions. The impact of the termination on the employees was also considered, with the Commission acknowledging the potential consequences for the employees but ultimately finding that the termination was justified based on the employer's evidence.

In light of the findings, the Commission determined that the Noosa Seafood Junction Employee Collective Agreement 2007 should be terminated, effective from the date of the decision. The decision was based on the employer's cessation of operations at the seafood market and the lack of any viable alternative employment for the employees. The Commission emphasised that the termination was not a reflection of the employees' performance or suitability but rather a consequence of the employer's decision to cease operations. The employees were informed of their rights to seek alternative employment and to access support services available through the Fair Work Commission.

Wild Horse Pty Ltd - ATF The Wild Horse Trust T/A Noosa Junction Seafood Market

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established