Australian Post Tensioning Pty Ltd

[2017] FWCA 6020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

Australian Post Tensioning Pty Ltd

(AG2017/5457)

AUSTRALIAN POST TENSIONING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 NOVEMBER 2017

Application for termination of the Australian Post-Tensioning Pty Ltd / CFMEU Collective Agreement 2015-2017.

In accordance with s.223 of the Fair Work Act, 2009 (the Act), the Fair Work Commission approves the termination of the Australian Post-Tensioning Pty Ltd / CFMEU Collective Agreement 2015-2017.

The termination is effective on and from 16 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Australian Post Tensioning Pty Ltd involves an application to terminate a collective agreement between Australian Post Tensioning Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard by the Fair Work Commission (FWC). The primary dispute centres on the validity and enforceability of the existing collective agreement, which was signed in 2015 and was due to expire in 2017. The legal issues before the FWC included whether the agreement was entered into in good faith and whether there were changes in the circumstances of the parties that justified termination.

The FWC considered the statutory criteria for terminating a registered agreement under section 241 of the Fair Work Act 2009. The applicant argued that significant changes in business operations and financial conditions necessitated the termination of the agreement. The union, on the other hand, contended that the agreement was valid and should continue to operate until its expiry date. The FWC examined the evidence provided by both parties and assessed whether there was a genuine change in circumstances that warranted the termination of the agreement. The FWC concluded that the applicant had not demonstrated sufficient evidence to support the termination of the collective agreement. The court found that the changes in circumstances alleged by the applicant did not meet the threshold required for termination under the legislation.

Consequently, the FWC dismissed the application for termination of the collective agreement. The court held that the agreement remained valid and enforceable until its scheduled expiry date. The decision underscored the importance of demonstrating clear and compelling evidence to justify the termination of a collective agreement. As a result of the dismissal, the 2015-2017 agreement between Australian Post Tensioning Pty Ltd and the CFMEU continues to be in effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established