Broadspectrum (Australia) Pty Ltd Summary

[2016] FWCA 2862

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Broadspectrum (Australia) Pty Ltd

(AG2016/801)

TRANSFIELD SERVICES LIMITED (RAIL TRACK &

INFRASTRUCTURE - NSW) ENTERPRISE AGREEMENT 2010 - 2014

Rail industry

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 11 MAY 2016

Termination of the Transfield Services Limited (Rail Track & Infrastructure - NSW)

Enterprise Agreement 2010 - 2014.

[1] On 5 April 2016, Broadspectrum (Australia) Pty Ltd (formerly Transfield Services

(Australia) Pty Limited) made an application to terminate the Transfield Services Limited

(Rail Track & Infrastructure - NSW) Enterprise Agreement 2010 - 2014 (the Agreement)

under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.
[3] Pursuant to s.225 of the Act and having considered and being satisfied as to each of

the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd applied to the Fair Work Commission under section 225 of the Fair Work Act 2009 to terminate the Transfield Services Limited (Rail Track & Infrastructure - NSW) Enterprise Agreement 2010 - 2014. The application was made on 5 April 2016, and no opposition was received from any party. The Fair Work Commission was required to decide whether to terminate the enterprise agreement based on the criteria set out in section 226 of the Act.

The court examined whether the conditions for termination were met, as outlined in section 226 of the Act. This involved considering factors such as whether the agreement was no longer in force, whether it was appropriate to terminate the agreement, and whether termination was in the interests of the employees. Given that no opposition was received and the criteria were satisfied, the court proceeded to terminate the agreement.

Having considered the application and the criteria set out in the Act, the Fair Work Commission terminated the Transfield Services Limited (Rail Track & Infrastructure - NSW) Enterprise Agreement 2010 - 2014. The termination took effect from the date of the decision. The court’s decision was based on the absence of opposition and the satisfaction of the statutory criteria for termination.

Broadspectrum (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established