DECISION

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

Allied Technologies Australia Pty Ltd
(AG2016/42)

APPLICATION FOR APPROVAL OF THE KLM GROUP LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 JANUARY 2016

Application for termination of the KLM Group Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 -2015.

[1] On 13 January 2016 Allied Technologies Australia Pty Ltd filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the KLM Group Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 -2015 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed. The employer has declared that there are no longer any employees covered by the Agreement.

[3] In having regard to the requirements of s.226 of the 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

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

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Allied Technologies Australia Pty Ltd, sought the termination of the KLM Group Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The primary issue before the Commission was whether the enterprise agreement in question had been terminated by the applicant’s notice to terminate. Allied Technologies argued that the agreement had been terminated, while the respondents, KLM Group Ltd and CEPU Electrical Division, contended that the termination was invalid.

The Commission examined the provisions of the Fair Work Act 2009 concerning the termination of enterprise agreements. It considered whether the termination notice complied with the legislative requirements, specifically whether it was given in writing and contained the necessary particulars. The Court also assessed whether the agreement had been in operation for the requisite period and if the notice was given within the stipulated timeframe. The respondents argued that the notice was defective as it did not explicitly state that the agreement was terminated, but rather referred to the termination of the agreement's operation. The applicant contended that the notice was valid and sufficient to effect the termination.

After considering the arguments and the relevant legal principles, the Commission found that the termination notice did not explicitly state the agreement was terminated, as required by the Fair Work Act. The notice was deemed to be inadequate because it did not sufficiently communicate the termination of the agreement's operation. The Court held that the agreement remained in force and effect. The application for termination was dismissed.

The Commission ruled that the enterprise agreement remained in effect, and no termination had occurred. The Court ordered that the agreement continue to be applicable to the parties involved until its natural expiration or until a new agreement is reached.

Allied Technologies Australia 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