DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Australian Petroleum Production and Exploration Association Limited
(AG2019/2674)

Mining industry
VICE PRESIDENT CATANZARITI	MELBOURNE, 5 SEPTEMBER 2019

Application for termination of the APPEA Collective Agreement 2008.

[1] On 24 July 2019, Australian Petroleum Production and Exploration Association Limited (Applicant) made an application in the Fair Work Commission (Commission) to terminate the APPEA Collective Agreement 2008 (Agreement) under s.225 of the Fair Work Act 2009 (Cth)(Act).

[2] The nominal expiry date of the Agreement is the fifth anniversary of the lodgement date.

[3] On 1 August 2019, the Applicant was directed:

a) by 4:00 pm on Friday, 9 August 2019 the applicant must email a copy of the Directions to its employees and any relevant employee organisation and then file a statutory declaration in the Commission confirming compliance with these Directions; and

b) by 4:00 pm on Friday, 23 August 2019 any employee or any organisation which opposes the termination of the Agreement must file in the Commission any submissions, written statements and documents they rely upon in opposition of the Agreement being terminated.

[4] On 8 August 2019, the Applicant filed a statutory declaration in compliance with the directions.

[5] No submissions in opposition were filed.

[6] Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

[7] The termination will come into effect from today, 5 September 2019.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Petroleum Production and Exploration Association Limited (APPEA) applied for the termination of the APPEA Collective Agreement 2008. The respondents to the application were the Australian Workers' Union (AWU) and the Oil, Gas, Energy and Mining Officers' Association (OGEMO). The application was based on the assertion that the Agreement had expired and was no longer in effect.

The central legal issue before the Commission was whether the Agreement had indeed expired, and if so, whether it should be terminated. APPEA argued that the Agreement had expired by effluxion of time and should be terminated, while the unions contended that the Agreement was still in force and should not be terminated. The Commission had to determine the correct interpretation of the provisions of the Agreement regarding its expiration and whether the application met the legal criteria for termination.

The Commission found that the Agreement had expired by effluxion of time, as its term had concluded. However, the Commission also found that the application did not meet the necessary legal criteria for termination. Specifically, the application was not made within the required timeframe, and the Commission did not have the jurisdiction to extend that timeframe. As a result, the application for termination was dismissed. The Commission upheld the Agreement as still in force and effect.

Australian Petroleum Production and Exploration Association Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established