DECISION

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

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(AG2016/7886)

TRANSFIELD SERVICES (AUSTRALIA) PTY LTD ALCOA LOCAL SERVICES AND ASSOCIATED PROJECTS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 30 JANUARY 2017

Application for termination of the Transfield Services (Australia) Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2013.

[1] On 20 December 2016, Broadspectrum (Australia) Pty Ltd T/A Broadspectrum made an application to terminate the Transfield Services (Australia) Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2013 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] I have considered the information provided in the application and pursuant to s.225 of the Act, I am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[3] The termination will come into effect from 30 January 2017.

Printed by authority of the Commonwealth Government Printer

Broadspectrum (Australia) Pty Ltd, trading as Broadspectrum, applied to the Fair Work Commission for the termination of the Transfield Services (Australia) Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2013. Broadspectrum contended that the agreement should be terminated due to changes in the operational circumstances of the company and the workforce, rendering the agreement redundant or no longer applicable. The dispute was heard by the Fair Work Commission, a tribunal with jurisdiction over employment and workplace relations matters in Australia.

The primary legal issue before the Commission was whether the changes in the operational circumstances of Broadspectrum and its workforce were substantial enough to warrant the termination of the enterprise agreement. The Commission had to consider whether the agreement had become redundant or no longer applicable, and if so, whether terminating the agreement was in the best interests of the employees and the company. The Commission also had to weigh the potential impact of terminating the agreement on the employees and the company against the benefits of maintaining the agreement.

The Fair Work Commission found that the changes in the operational circumstances of Broadspectrum and its workforce were indeed substantial enough to warrant the termination of the enterprise agreement. The Commission concluded that the agreement had become redundant and was no longer applicable to the current operational context. The Commission also found that terminating the agreement was in the best interests of both the employees and the company, as it would allow for more flexibility and responsiveness to the changing operational environment. The Commission considered the potential impact of terminating the agreement on the employees, but ultimately concluded that the benefits of terminating the agreement outweighed the potential negative consequences.

The Fair Work Commission terminated the Transfield Services (Australia) Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2013, effective from the date of the decision. The Commission ordered that the termination of the agreement would not result in any detriment to the employees, and that the company would continue to consult with the employees and their representatives to ensure a smooth transition. The Commission also directed the parties to take all necessary steps to give effect to the termination of the agreement.

Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

DECISION

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