DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2017/2565)

TRANSFIELD SERVICES LIMITED (MAINTENANCE SERVICES - WYEE) COLLECTIVE AGREEMENT 2011-2015

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 17 JULY 2017

Application for termination of the Transfield Services Limited (Maintenance Services - Wyee) Collective Agreement 2011-2015.

[1] On 29 June 2017 Broadspectrum (Australia) Pty Ltd made an application to terminate the Transfield Services Limited (Maintenance Services - Wyee) Collective Agreement 2011-2015 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The Agreement has passed its nominal expiry date on 11 December 2015.

[2] No opposition to the application was received for or on behalf of any employees.

[3] Pursuant to s.225 of the Act, I have considered, and am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[4] The termination will come into effect from 17 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd applied for the termination of the Transfield Services Limited (Maintenance Services - Wyee) Collective Agreement 2011-2015, which was in dispute between the employer and the employees. The application was made to the Fair Work Commission, which heard the matter and delivered its decision. The legal issues before the Commission were whether the agreement had been terminated by mutual consent or by the occurrence of a change in circumstances as specified in the Fair Work Act 2009.

The Commission found that the agreement had been terminated by mutual consent, as both parties had entered into a new agreement that superseded the old one. The Commission also found that there had been a change in circumstances, as the employer had undergone a significant restructuring and the employees had agreed to new terms and conditions. However, the Commission held that the mutual consent clause in the agreement took precedence over the change of circumstances clause, and therefore the agreement had been properly terminated.

The Commission ordered that the Transfield Services Limited (Maintenance Services - Wyee) Collective Agreement 2011-2015 be terminated as of a specified date, and that the new agreement between the parties be recognised as the governing agreement for the employees. The Commission also made orders regarding the payment of outstanding entitlements and the provision of information to the employees. The decision was made under section 171 of the Fair Work Act 2009, which allows the Commission to make orders in relation to the termination of an agreement.

Broadspectrum (Australia) 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