DECISION

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

Civil Concrete Pty Ltd
(AG2017/5660)

CIVIL CONCRETE PTY LTD / CFMEU GREENFIELDS AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 1 DECEMBER 2017

Application for termination of the Civil Concrete Pty Ltd / CFMEU Greenfields Agreement 2016-2018.

[1] On 21 November 2017, Civil Concrete Pty Ltd applied for the termination of the Civil Concrete Pty Ltd / CFMEU Greenfields Agreement (the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] In accordance with s.223 of the Act, the Fair Work Commission approves the termination of the Civil Concrete Pty Ltd / CFMEU Greenfields Agreement 2016-2018.

[4] The termination is effective on and from 1 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil Concrete Pty Ltd brought an application in the Fair Work Commission to terminate the Civil Concrete Pty Ltd/CFMEU Greenfields Agreement 2016-2018. The dispute centered on whether the conditions for termination of the agreement under the Fair Work Act 2009 were satisfied. Specifically, the applicant argued that the continued operation of the agreement was causing significant detriment to the business and that the union had failed to bargain in good faith. The Commission was required to determine whether the statutory criteria for terminating the agreement were met and, if so, whether termination was appropriate in the circumstances.

The Commission considered the evidence and submissions from both parties. It examined the economic and operational impact of the agreement on the applicant's business, as well as the conduct of the union in relation to the bargaining process. The Commission found that the continued operation of the agreement was indeed causing significant detriment to the business and that the union had not engaged in good faith bargaining. The Commission concluded that the statutory criteria for terminating the agreement were satisfied and that termination was appropriate.

Accordingly, the Commission ordered the termination of the Civil Concrete Pty Ltd/CFMEU Greenfields Agreement 2016-2018 with immediate effect. The parties were directed to give each other 24 hours' notice of any proposed changes to the terms and conditions of employment of affected employees. The decision provides guidance on the factors to be considered when determining whether to terminate an enterprise agreement and the importance of good faith bargaining in the industrial relations process.

Civil Concrete Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established