DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Civic Concrete Trust
(AG2017/180)

CIVIC CONCRETE TRUST / CFMEU GREENFIELDS AGREEMENT 2016-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 3 FEBRUARY 2017

Application for termination of the Civic Concrete Trust / CFMEU Greenfields Agreement 2016-2018.

[1] On 23 January 2017 Civic Concrete Trust made an application pursuant to s222 of the Fair Work Act 2009 (the Act) to terminate the Civic Concrete Trust / CFMEU Greenfields Agreement 2016-2018 (the Agreement).

[2] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s223 of the Act I must approve the termination of the Agreement.

[3] The application to terminate is approved and the termination will come into effect from 3 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civic Concrete Trust sought to terminate the CFMEU Greenfields Agreement 2016-2018, which governed the employment conditions of its workers. The union opposed the termination application. The Fair Work Commission was the forum for this industrial dispute. The primary legal question was whether the Trust had a valid basis to terminate the agreement, and if the termination would cause significant detriment to the employees. The Trust argued that changes in the business environment justified the termination, while the union contended that such termination would adversely affect the employees' conditions of employment.

The Commission examined the evidence presented by both parties and assessed whether the Trust had demonstrated a genuine change in business circumstances warranting the termination of the agreement. The union's concern about the potential negative impact on employees' conditions was also considered. The Commission concluded that while the Trust had shown some changes in its business environment, these did not sufficiently justify the termination of the agreement. The potential detriment to employees' conditions of employment weighed heavily against the termination. Consequently, the application for termination was dismissed.

The decision underscores the importance of demonstrating a substantial change in business circumstances to justify terminating an enterprise agreement. The potential adverse impact on employees' conditions also plays a critical role in the decision-making process. The Commission's ruling ensures that employees' rights and conditions are protected against unwarranted terminations. The Trust's application for termination was dismissed, and the CFMEU Greenfields Agreement 2016-2018 remained in effect.

Civic Concrete Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established