DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Caterpillar Global Mining Expanded Products Pty Ltd T/A Caterpillar
(AG2019/366)

CATERPILLAR GLOBAL MINING BERESFIELD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER MCKENNA	SYDNEY, 22 FEBRUARY 2019

Application for termination of the Caterpillar Global Mining Beresfield Enterprise Agreement 2015.

[1] Further to the reasons given at the conclusion of proceedings today, the termination of the Caterpillar Global Mining Beresfield Enterprise Agreement 2015 is approved.

[2] The termination operates from today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Caterpillar Global Mining Expanded Products Pty Ltd, trading as Caterpillar, to terminate the Caterpillar Global Mining Beresfield Enterprise Agreement 2015. The dispute centred on whether the employer had served a valid notice of termination of the enterprise agreement and whether the agreement could be terminated without the consent of the employees or their representatives. The case was heard and determined by the Fair Work Commission in Australia.

The primary legal issues before the court were whether the notice of termination of the enterprise agreement was valid and whether the termination could proceed without the consent of the employees or their representatives. The court needed to consider the provisions of the Fair Work Act 2009, which governs enterprise agreements in Australia, and assess whether Caterpillar had complied with these provisions in serving the notice of termination.

The Fair Work Commission determined that the notice of termination served by Caterpillar was valid, and the enterprise agreement could be terminated without the consent of the employees or their representatives. The Commission held that the notice complied with the requirements of the Fair Work Act 2009, and there were no valid grounds to invalidate the termination. The court found that the employer had met the necessary criteria for terminating the enterprise agreement, and the termination was lawful.

In conclusion, the Fair Work Commission granted the application for termination of the Caterpillar Global Mining Beresfield Enterprise Agreement 2015. The Commission found that the notice of termination served by Caterpillar was valid, and the agreement could be terminated without the consent of the employees or their representatives. The termination of the enterprise agreement was upheld, and the Fair Work Commission issued an order to this effect.

Caterpillar Global Mining Expanded Products Pty Ltd T/A Caterpillar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established