Berwick Floors Pty Ltd Summary

[2014] FWCA 3948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Berwick Floors Pty Ltd
(AG2014/6252)

BERWICK FLOORS PTY LTD AND CFMEU (FFTS BRANCH) ENTERPRISE AGREEMENT 2009

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 13 JUNE 2014

Application for termination of the Berwick Floors Pty Ltd And CFMEU (FFTS Branch) Enterprise Agreement 2009 after its nominal expiry date.

[1] Further to the hearing which took place in the Fair Work Commission on 13 June 2014, and pursuant to s.225 and 226 of the Fair Work Act 2009, the above agreement is terminated.

[2] The Agreement is terminated on and from 13 June 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Berwick Floors Pty Ltd, sought to terminate the 2009 Enterprise Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (FFTS Branch). The application was made after the agreement's nominal expiry date, which the applicant argued allowed for the termination of the agreement. The case was heard in the Fair Work Commission, which was tasked with deciding whether the application should be granted.

The legal issues before the Commission included whether the application was made within the appropriate timeframe, the relevance of the parties' conduct post-expiry of the agreement, and the implications of the Fair Work Act 2009 concerning the termination of enterprise agreements. The applicant argued that the agreement could be terminated due to its nominal expiry and the absence of a new agreement, while the respondent contended that the agreement was still in effect due to the conduct of the parties.

The Commission considered the statutory provisions and relevant case law to conclude that the application was indeed made within the appropriate timeframe and that the conduct of the parties post-expiry did not reinstate the agreement. The Commission found that the absence of a new agreement and the nominal expiry date justified the termination of the 2009 Enterprise Agreement. The Commission granted the application, allowing the termination of the agreement.

The Fair Work Commission ordered the termination of the 2009 Enterprise Agreement between Berwick Floors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (FFTS Branch) as of the nominal expiry date. The decision was made based on the statutory provisions and the conduct of the parties, ensuring that the application was within the appropriate timeframe and that the agreement could be lawfully terminated.

Berwick Floors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established