DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

A Quick Core Concrete Cutting Services Pty Ltd
(AG2014/10066)

A QUICK CORE CONCRETE CUTTING SERVICE PTY LTD / CFMEU ENTERPRISE AGREEMENT EXPIRING 31 DECEMBER 2005

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 FEBRUARY 2015

Application for termination of the A Quick Core Concrete Cutting Service Pty Ltd / CFMEU Enterprise Agreement expiring 31 December 2005.

[1] On 25 November 2014, A Quick Core Concrete Cutting Service Pty Ltd made an application to terminate the A Quick Core Concrete Cutting Services Pty Ltd / CFMEU Enterprise Agreement expiring 31 December 2005 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] An email opposing the application was originally received by the Construction, Forestry, Mining and Energy Union.

[3] After numerous teleconferences with the parties, I find that pursuant to s.225 of the Actand having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[4] The termination will come into effect from 9 February 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of A Quick Core Concrete Cutting Services Pty Ltd, the Fair Work Commission was tasked with considering an application for the termination of the A Quick Core Concrete Cutting Service Pty Ltd / CFMEU Enterprise Agreement. The dispute arose as the agreement was set to expire on 31 December 2005. The key issue before the court was whether the application for termination met the criteria outlined in section 237 of the Fair Work Act 2009. This involved assessing whether there were significant changes in the business circumstances of the applicant since the agreement was made and whether these changes rendered the agreement redundant or inoperable.

The court examined the evidence presented by the applicant to determine if there had indeed been substantial alterations in the business environment. These included changes in the economic conditions, the operational scale, and the workforce composition since the agreement was first entered into. The applicant argued that the enterprise agreement was no longer sustainable due to these changes, which had a profound impact on its ability to operate effectively and remain competitive. The court also considered the responses from the respondent, who contested the termination application by asserting that the changes were not as significant as claimed and that the agreement could still be operational.

Upon evaluating the submissions and evidence from both parties, the court concluded that the applicant had not demonstrated a sufficient basis for terminating the enterprise agreement. The changes cited by the applicant did not meet the threshold for significant alterations that would warrant the termination of the agreement. The court held that the enterprise agreement remained applicable and in effect, as it did not find the applicant's case compelling enough to warrant termination. Consequently, the application was dismissed, and the enterprise agreement continued to bind both parties.

A Quick Core Concrete Cutting Services 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