DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2017/2560)

TRANSFIELD SERVICES LIMITED (CATCHMENT AUTHORITY MAINTENANCE SERVICES - NSW) ENTERPRISE AGREEMENT 2014 - 2017

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

Application for termination of the Transfield Services Limited (Catchment Authority Maintenance Services - NSW) Enterprise Agreement 2014 - 2017.

[1] On 29 June 2017 Broadspectrum (Australia) Pty Ltd made an application to terminate the Transfield Services Limited (Catchment Authority Maintenance Services - NSW) Enterprise Agreement 2014 - 2017 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The Agreement has passed its nominal expiry date on 31 January 2017.

[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 (Catchment Authority Maintenance Services - NSW) Enterprise Agreement 2014 - 2017. The application was heard in the Fair Work Commission, which has the jurisdiction to terminate such agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the enterprise agreement had become a 'zombie agreement' and whether the application met the statutory criteria for termination. The parties also disputed the burden of proof and the standard of evidence required to establish the agreement's termination.

The Commission found that the enterprise agreement had indeed become a 'zombie agreement' because it had not been the subject of a valid enterprise bargaining proposal and the parties had not engaged in good faith bargaining. The Commission held that the applicant had satisfied the statutory criteria for termination, as the agreement no longer represented the appropriate bargaining outcome and the parties were unable to reach a new agreement. The Commission also determined that the applicant had discharged the onus of proof and that the evidence presented was sufficient to support the termination application. Consequently, the enterprise agreement was terminated, and the Commission issued the relevant orders to give effect to the termination.

Broadspectrum (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established