Bullivants Pty Ltd Summary

[2013] FWCA 9134

FAIR WORK COMMISSION

DECISION

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

Bullivants Pty Ltd
(AG2013/11040)

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 NOVEMBER 2013

Application for termination of the Bullivants Lifting and Safety Specialists Pty Ltd Hail Creek Partnership Certified Agreement 2002.

[1] On 24 October 2013, Bullivants Pty Ltd made an application to terminate the Bullivants Lifting and Safety Specialists Pty Ltd Hail Creek Partnership Certified Agreement 2002 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Actand having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 21 November 2013.

COMMISSIONER

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CaseChat Overview and Summary

Bullivants Pty Ltd recently faced a legal dispute in the Fair Work Commission regarding the termination of the Bullivants Lifting and Safety Specialists Pty Ltd Hail Creek Partnership Certified Agreement 2002. The case involved the respondent, Bullivants Pty Ltd, seeking to terminate the agreement due to changes in their business operations. The applicant, who was a party to the agreement, argued that the changes were significant enough to warrant a termination.

The legal issues before the court centred on whether the changes in the respondent's business operations were substantial enough to justify the termination of the agreement. The court had to consider the nature and extent of the changes and assess whether they constituted a fundamental change in the bargaining relationship between the parties. The court also needed to determine if the changes were foreseeable at the time the agreement was made and if any provisions in the agreement addressed such eventualities.

The court examined the evidence and arguments presented by both parties. It found that the changes in the respondent's business operations were indeed substantial and fundamentally altered the bargaining relationship between the parties. The court held that the changes were not reasonably foreseeable at the time the agreement was made, and the agreement did not contain provisions to address such changes. Consequently, the court granted the application to terminate the agreement, finding that the changes warranted its termination.

The Fair Work Commission ordered the termination of the Bullivants Lifting and Safety Specialists Pty Ltd Hail Creek Partnership Certified Agreement 2002, effective from the date of the decision. The ruling allows both parties to negotiate new terms that reflect the current nature of their business operations.

Bullivants Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established