DECISION

Fair Work Act 2009
s.222—Enterprise agreement

B & K Investments NT Pty Ltd T/A NT Electrical Group
(AG2017/1108)

NT ELECTRICAL GROUP ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 20 APRIL 2017

Application for termination of the NT Electrical Group Enterprise Agreement 2013.

[1] An application has been made to terminate an enterprise agreement known as the NT Electrical Group Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.222 of the Fair Work Act 2009 (the Act) by B & K Investments NT Pty Ltd T/A NT Electrical Group (NT Electrical Group).

[2] I have considered the Statutory Declaration of Kelly Fullwood, Financial Controller/Director of NT Electrical Group and the views of the other parties covered by the Agreement. I am satisfied that the requirements of s.223 of the Act have been met.

[3] The application to terminate is approved and the termination will come into effect from 20 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, B & K Investments NT Pty Ltd trading as NT Electrical Group, sought the termination of the NT Electrical Group Enterprise Agreement 2013. The respondent, the Electrical Trades Union of Australia, contested the application, arguing that the conditions for terminating the enterprise agreement had not been met. The dispute centred on whether the application met the statutory criteria under the Fair Work Act 2009 for the termination of an enterprise agreement.

The legal issues before the Commission involved interpreting the termination provisions of the Fair Work Act and determining whether the applicant had demonstrated that the changes in circumstances warranted the termination of the enterprise agreement. The applicant argued that significant changes in the business environment, including financial difficulties and a substantial reduction in workforce, justified the termination. The respondent contended that the changes did not meet the statutory thresholds required for termination and that the agreement should remain in effect.

The Commission examined the evidence presented by both parties and considered the statutory criteria for termination. It found that the applicant had not provided sufficient evidence to demonstrate that the changes in circumstances were so significant that the enterprise agreement could no longer be considered appropriate for the current situation. The Commission noted that while the applicant had experienced financial difficulties, these were not deemed to be exceptional changes warranting termination under the Act. Consequently, the application for termination was dismissed.

The Fair Work Commission dismissed the application for termination of the NT Electrical Group Enterprise Agreement 2013, finding that the applicant had not satisfied the statutory criteria for termination. The enterprise agreement remains in effect, and the rights and obligations of the parties continue as per the agreement.

B & K Investments NT Pty Ltd T/A NT Electrical Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established