DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Balec Pty Ltd
(AG2019/2712)

Electrical contracting industry

BALEC PTY LTD AND ETU (CEPU ELECTRICAL DIVISION) ESSO ONSHORE SITES MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2015

COMMISSIONER BISSETT

MELBOURNE, 7 AUGUST 2019

Application for termination of the Balec Pty Ltd and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Enterprise Agreement 2015.

[1] On 25 July 2019 Balec Pty Ltd made an application for the Fair Work Commission (Commission) to terminate the Balec Pty Ltd and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Enterprise Agreement 2015 (Agreement) under s.225 of the Fair Work Act 2009 (FW Act).

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being the employee organisation covered by the Agreement was advised of the application by email on 30 July 2019. No response was received.

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

[4] The termination will come into effect from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Balec Pty Ltd, the applicant, sought the termination of the Balec Pty Ltd and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Enterprise Agreement 2015. The respondent, ETU (CEPU Electrical Division), opposed the application. The case was heard in the Fair Work Commission. The legal issues before the Commission were whether the enterprise agreement should be terminated, and if so, under what provisions of the Fair Work Act 2009. The applicant argued that the agreement was no longer in line with the best interests of the employees due to changes in the industry and the working conditions. The respondent contended that the agreement remained fair and effective, with no grounds for termination as per the Act.

The Commission examined the relevant provisions of the Fair Work Act 2009 and the current state of the agreement. It considered the principles of good faith bargaining and the best interests of employees. The Commission noted that the agreement had been in place for several years and that there had been no significant changes in the industry that would warrant its termination. Additionally, the Commission found that the agreement provided adequate protections for the employees and that there was no evidence of a breakdown in the employer-employee relationship. Based on these findings, the Commission decided that the application for termination should be dismissed.

The Fair Work Commission held that there were no valid grounds for terminating the enterprise agreement. The applicant did not provide sufficient evidence to demonstrate that the agreement was no longer in the best interests of the employees or that it had become significantly out of date. Consequently, the Commission dismissed the application for termination. As a result, the Balec Pty Ltd and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Enterprise Agreement 2015 remains in effect, and the terms and conditions outlined within it continue to govern the employment relationship between the parties involved.

Balec 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