DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Boom Logistics Limited
(AG2015/488)

LYTTON REFINERY MECHANICAL UPGRADE (BOOM LOGISTICS LTD) CERTIFIED AGREEMENT 2004

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 MARCH 2015

Application for termination of the Lytton Refinery Mechanical Upgrade (Boom Logistics Ltd) Certified Agreement 2004.

[1] On 9 March 2015 Boom Logistics Limited filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Lytton Refinery Mechanical Upgrade (Boom Logistics Ltd) Certified Agreement 2004 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed.

[3] In having regard to the requirements of s.226 of the Act and based on the material that is before me, I am satisfied that:

it is not contrary to the public interest to terminate the Agreement; and

taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Limited, an employer in the mechanical upgrade of the Lytton Refinery, sought to terminate the Lytton Refinery Mechanical Upgrade (Boom Logistics Ltd) Certified Agreement 2004. The respondents, who included various unions and employee representatives, opposed the application. The dispute was heard in the Fair Work Commission (FWC), Australia's industrial relations tribunal.

The legal issues before the FWC involved the criteria and process for terminating a certified agreement under section 236 of the Fair Work Act 2009. Specifically, the Commission had to determine whether the employer had demonstrated that the certified agreement was no longer appropriate due to significant changes in the circumstances of the industry or the enterprise. The employer argued that technological advancements and changes in the labour market had rendered the agreement obsolete and inflexible. The unions contended that the agreement was still relevant and that any changes should be negotiated rather than unilaterally terminated.

The FWC, after examining the evidence and arguments, found that while there had been significant changes in the industry, the employer had not adequately demonstrated that these changes rendered the certified agreement inappropriate or unworkable. The Commission concluded that the employer's application did not meet the threshold for termination under the Act. The application was dismissed, and the certified agreement remained in effect.

No further orders were made as the primary relief sought by the employer was denied. The certified agreement governing the mechanical upgrade of the Lytton Refinery continued to apply to the parties involved.

Boom Logistics Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established