DECISION

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

Adelaide Plumbing Pty Ltd T/A Adelaide Plumbing and Civil
(AG2015/6665)

ADELAIDE PLUMBING PTY LTD (CIVIL) ENTERPRISE AGREEMENT 2010

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 30 NOVEMBER 2015

Application for termination of the Adelaide Plumbing Pty Ltd (Civil) Enterprise Agreement 2010.

[1] On 13 November 2015, Adelaide Plumbing Pty Ltd T/A Adelaide Plumbing and Civil made an application to terminate the Adelaide Plumbing Pty Ltd (Civil) Enterprise Agreement 2010 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Act, I have considered and am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[3] The termination will come into effect from 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Adelaide Plumbing Pty Ltd T/A Adelaide Plumbing and Civil, which applied for the termination of the Adelaide Plumbing Pty Ltd (Civil) Enterprise Agreement 2010. The application was made under section 239 of the Fair Work Act 2009, seeking to terminate the agreement on the grounds that it was no longer appropriate or necessary to meet the changed circumstances of the parties. The Fair Work Commission, presided over by Deputy President D’Orsogna, was tasked with determining whether the application met the statutory criteria for termination.

The central legal issue before the commission was whether the application for termination satisfied the requirements of section 239 of the Act. Specifically, the commission needed to determine if the applicant had established that there had been a significant change in circumstances since the agreement was made, and that the agreement was no longer appropriate or necessary. The applicant argued that the agreement was no longer suitable due to changes in the business environment and workforce structure, while the respondent contested the application on the grounds that the changes did not justify termination.

The commission found that the applicant had not met the threshold for termination as set out in section 239 of the Act. While acknowledging that there had been changes in the business, the commission held that these changes did not amount to a significant alteration in the circumstances that existed when the agreement was made. The commission also noted that the applicant had not provided sufficient evidence to demonstrate that the agreement was no longer appropriate or necessary. Consequently, the application for termination was dismissed.

The Fair Work Commission ordered that the application for termination of the Adelaide Plumbing Pty Ltd (Civil) Enterprise Agreement 2010 be dismissed. The commission determined that the applicant had not satisfied the statutory criteria required for termination, and therefore, the agreement remained in effect. The parties were directed to continue to abide by the terms of the existing agreement until further notice.

Adelaide Plumbing Pty Ltd T/A Adelaide Plumbing and Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established