DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Brennan Family Trust T/A Brennan Contracting
(AG2019/3973)

BRENNAN CONTRACTING VEGETATION ENTERPRISE AGREEMENT 2014-2016

Electrical contracting industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 12 NOVEMBER 2019

Application for termination of the Brennan Contracting Vegetation Enterprise Agreement 2014-2016.

[1] On 17 October 2019, the Brennan Family Trust T/A Brennan Contracting made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) to terminate the Brennan Contracting Vegetation Enterprise Agreement 2014-2016 (the Agreement).

[2] The Agreement is a single enterprise agreement and its nominal expiry date is 30 June 2016.

[3] The matter was listed for Non-Attendance Hearing on 6 November 2019 and parties were to contact Chambers if they wished to be heard in the matter. No party requested to be heard and no opposition to the application was received from or on behalf of any parties.

[4] The application was made outside 14 days from when the termination of the agreement was agreed to. Having considered the application material, I consider it fair to extend that period pursuant to s.222(3)(b) of the Act.

[5] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[6] The termination will operate from 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Brennan Family Trust, trading as Brennan Contracting, which sought to terminate the Brennan Contracting Vegetation Enterprise Agreement 2014-2016. The application was brought before the Fair Work Commission. The dispute centred on the validity and enforceability of the agreement, as well as the procedural steps required for its termination.

The primary legal issues before the Commission were whether the application for termination was properly made in accordance with the relevant legislative provisions and whether the agreement was still in effect at the time of the application. The Commission had to consider the procedural correctness of the application and whether any grounds for termination existed under the Fair Work Act 2009.

In determining the matter, the Fair Work Commission assessed the procedural compliance of the application and examined the terms of the agreement. The Commission found that the application was not procedurally valid as it did not adhere to the necessary requirements under the Fair Work Act. Additionally, the Commission concluded that the agreement remained in force at the time of the application, thereby rendering the application ineffective. Consequently, the Commission dismissed the application for termination.

The Fair Work Commission ordered that the application for termination of the Brennan Contracting Vegetation Enterprise Agreement 2014-2016 be dismissed and that the agreement remained in effect. The Commission emphasised the importance of procedural compliance and highlighted the need for parties to adhere to the legislative requirements when seeking to terminate an enterprise agreement.

Brennan Family Trust T/A Brennan Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established