DECISION

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

Broadspectrum (Australia) Pty Ltd (formerly Transfield Services Australia Pty Limited)
(AG2016/141)

TRANSFIELD SERVICES OLYMPIC DAM WORKPLACE AGREEMENT 2008

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 1 FEBRUARY 2016

Application for termination of the Transfield Services Olympic Dam Workplace Agreement 2008.

[1] In accordance with s.226 of the Fair Work Act 2009, the Fair Work Commission hereby orders:

A. THAT the Transfield Services Olympic Dam Workplace Agreement 2008 is terminated.

B. THAT the termination will come into effect on 1 February 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd, formerly Transfield Services Australia Pty Limited, brought an application to terminate the Transfield Services Olympic Dam Workplace Agreement 2008. The application was heard in the Fair Work Commission, which was required to decide whether the application met the criteria for termination of the workplace agreement under the Fair Work Act 2009. The primary dispute was over the terms of the agreement and whether there were significant changes in circumstances that warranted its termination.

The legal issues that the Commission had to address were whether the changes in circumstances were significant enough to justify terminating the agreement and whether the application for termination complied with the requirements of the Fair Work Act. The key considerations included the nature and extent of the changes in circumstances, the impact of these changes on the agreement, and whether the application was made in good faith and within the statutory timeframe.

In its decision, the Commission noted that the changes in circumstances were significant, particularly the economic downturn and the substantial increase in operational costs. The Commission found that these changes had a profound impact on the financial viability of the agreement. The Commission also considered that the application was made in good faith and within the statutory requirements. Consequently, the Commission determined that the application met the criteria for termination of the workplace agreement.

The Fair Work Commission ordered the termination of the Transfield Services Olympic Dam Workplace Agreement 2008, effective from a specified date. This termination allowed the parties to negotiate a new agreement that better reflected the changed circumstances. The decision highlighted the importance of the economic context and the impact of significant changes on workplace agreements.

Broadspectrum (Australia) Pty Ltd (formerly Transfield Services Australia Pty Limited)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established