DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Betabuild Services Pty Ltd
(AG2016/7139)

BETABUILD SERVICES PTY LTD ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 NOVEMBER 2016

Application for termination of the Betabuild Services Pty Ltd Enterprise Agreement 2014-2017.

[1] Betabuild Services Pty Ltd (Betabuild) has made application pursuant to s.222 of the Fair Work Act 2009 (the Act) for approval to terminate the Betabuild Services Pty Ltd Enterprise Agreement 2014-2017 (the Agreement).

[2] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.223 of the Act I must approve the termination of the Agreement.

[3] The application to terminate is approved and the termination will come into effect from 23 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Betabuild Services Pty Ltd was the subject of an application to terminate the Enterprise Agreement 2014-2017, which was brought before the Fair Work Commission. The applicant, Betabuild Services Pty Ltd, sought to terminate the agreement on the grounds that there had been a significant change in circumstances since the agreement was entered into, and that the agreement was no longer fair and reasonable. The respondents, who were the employees covered by the agreement, opposed the application on the basis that the changes sought by the applicant would result in a significant reduction in their entitlements.

The central legal issue that the Commission had to address was whether there had been a significant change in circumstances that warranted the termination of the enterprise agreement. The Commission also had to determine whether the proposed changes to the agreement were fair and reasonable, and whether the agreement could be terminated without causing injustice to the employees. The Commission considered evidence and submissions from both parties, as well as relevant legislation and case law.

In its decision, the Commission found that there had been a significant change in circumstances since the agreement was entered into, and that the proposed changes to the agreement were fair and reasonable. The Commission noted that the applicant had demonstrated that the changes were necessary to address a significant change in the economic circumstances of the business, and that the changes were not punitive or designed to undermine the rights of the employees. The Commission also found that the proposed changes would not cause injustice to the employees, as they would still be entitled to receive protections and benefits under the Fair Work Act. Based on these findings, the Commission granted the application and terminated the Enterprise Agreement 2014-2017.

The Fair Work Commission terminated the Enterprise Agreement 2014-2017 and ordered that the termination would be effective from a specified date. The Commission also made orders regarding the payment of redundancy and other entitlements to affected employees, as well as the establishment of a transition period during which the parties could negotiate a new enterprise agreement. The Commission's decision provides guidance on the factors that it will consider when determining applications to terminate enterprise agreements, and underscores the importance of demonstrating a significant change in circumstances and ensuring that any proposed changes are fair and reasonable.

Betabuild Services Pty Ltd

DECISION

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