DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Allied Technologies Australia Pty Ltd
(AG2015/6102)

ALLIED TECHNOLOGIES AUSTRALIA PTY LTD (QUEENSLAND BRANCH) A.C.N. 052 011 631 AND CEPU ELECTRICAL DIVISION QUEENSLAND UNION COLLECTIVE AGREEMENT FOR THE QUEENSLAND CHILDRENS HOSPITAL

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 NOVEMBER 2015

Application for termination of the Allied Technologies Australia Pty Ltd (Queensland Branch) A.C.N. 052 011 631 and CEPU Electrical Division Queensland Union Collective Agreement for Queensland Children’s Hospital.

[1] On 9 November 2015 Allied Technologies Australia Pty Ltd filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Allied Technologies Australia Pty Ltd (Queensland Branch) A.C.N. 052 011 631 and CEPU Electrical Division Queensland Union Collective Agreement for Queensland Children’s Hospital (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed. The employer has advised that there are no longer any employees covered by the Agreement. The CEPU (as a party covered by the Agreement) does not oppose the application to terminate.

[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

Allied Technologies Australia Pty Ltd sought the termination of the collective agreement between itself and the CEPU Electrical Division Queensland Union. The application was heard by the Fair Work Commission, which was required to determine whether the agreement was fit for termination. The legal issue before the Commission was whether the application met the criteria for termination as outlined in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was out of date, not in the best interests of the employees, or had otherwise become inappropriate.

The Commission examined the application and the evidence presented by both parties. It considered the changes in the industry and the working environment, as well as the views of the employees represented by the union. The Commission found that the application did not meet the criteria for termination as the agreement was still relevant and in the best interests of the employees. The Commission emphasised the importance of maintaining a cooperative and constructive relationship between the employer and the union, particularly in the context of a children's hospital where the safety and wellbeing of patients were paramount.

Accordingly, the Commission dismissed the application for termination. It emphasised the importance of continuing to work together to ensure the best outcomes for all parties involved. The Commission's decision highlights the need for careful consideration of the criteria for termination and the importance of maintaining a cooperative and constructive relationship between employers and unions.

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