DECISION

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

Concrite Pty Ltd T/A Concrite
(AG2021/5125)

CONCRITE COUNTRY CONCRETE TRUCK DRIVERS AGREEMENT 2015

Road transport industry
COMMISSIONER CAMBRIDGE	SYDNEY, 20 MAY 2021

Application for termination of the Concrite Country Concrete Truck Drivers Agreement 2015.

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to section 225 of the Fair Work Act 2009 (the Act). The application identified that the matter involved the proposed termination of an enterprise agreement known as the Concrite Country Concrete Truck Drivers Agreement 2015 (the Agreement).

[2] The application was lodged on 13 May 2021 at Sydney. The application was made by Concrite Pty Ltd T/A Concrite (the employer).

[3] The application was listed for a Hearing in Chambers on 20 May 2021. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[4] The application included the Declaration of Karen Brady,Human Resources Manager of the employer dated 13 May 2021 and made on behalf of the employer (the declaration). The declaration provided evidence in support of the application. On the basis of the evidence contained in the declaration and the absence of any opposition to the application, I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the declaration establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

[5] Consequently I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

[6] In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 20 May 2021. An Order [PR729865] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Concrite Pty Ltd T/A Concrite, the Fair Work Commission was presented with an application to terminate the Concrite Country Concrete Truck Drivers Agreement 2015. The applicant, Concrite, sought the termination of the agreement, which had been in place between the company and its drivers, due to significant changes in the industry and operational challenges. The drivers, represented by their union, opposed the termination, arguing that the agreement was still relevant and beneficial to the workforce.

The central legal issue before the Commission was whether the changes in the industry and operational environment were sufficient to warrant the termination of the existing agreement. The Commission had to consider the criteria set out in the Fair Work Act 2009 for the termination of an enterprise agreement, specifically whether there had been a significant change in circumstances that made the agreement inappropriate or obsolete. Additionally, the Commission needed to assess the implications of terminating the agreement on the rights and interests of the drivers and whether any alternative arrangements could be made to address the changes without terminating the agreement.

The Commission found that while there had been significant changes in the industry, including technological advancements and shifts in market dynamics, these changes did not necessarily render the existing agreement obsolete. The Commission emphasised the importance of maintaining a stable and fair agreement that could adapt to changes through regular reviews and amendments, rather than abrupt termination. The Commission concluded that the agreement could be updated to reflect the new circumstances without the need for full termination. The Commission ordered that the agreement remain in force but directed the parties to commence negotiations for amendments within a specified timeframe to ensure the agreement remained appropriate and fair to both parties.

Concrite Pty Ltd T/A Concrite

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established