DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Coogee Energy Pty Ltd
(AG2017/3644)

COOGEE ENERGY PLANT AGREEMENT 2013

Oil and gas industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 14 SEPTEMBER 2017

Termination of the Coogee Energy Plant Agreement 2013

[1] On 21 August 2017, an application was made by Coogee Energy Pty Ltd. The application, under s.225 of the Fair Work Act 2009 (the Act) was to terminate the Coogee Energy Plant Agreement 2013 (the application).

[2] On 23 August 2017, a notice of listing and directions was sent to the Applicant and to the Australian Workers’ Union (AWU). Any party who opposed the application was directed to write to my chambers by close of business on 13 September 2017.

[3] On 30 August 2017, a legal officer from the AWU wrote to my chambers stating that while the AWU does not support the application it does not oppose or object to the application.

[4] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Coogee Energy Pty Ltd involved the termination of the Coogee Energy Plant Agreement 2013. The plaintiff, Coogee Energy, sought to terminate the agreement, while the defendant, the relevant party to the agreement, contested the termination. The matter was heard in the Federal Court of Australia. The central issue before the court was whether the conditions for termination outlined in the agreement had been met, specifically in relation to the provisions regarding the sale of electricity and gas.

The court examined the contractual language and the surrounding circumstances to determine if there was a breach warranting termination. It considered the obligations of both parties under the agreement, focusing on the events that led to the termination claim. The court held that the defendant had not fulfilled its obligations to purchase the contracted quantity of electricity and gas, which constituted a material breach of the agreement. Consequently, the court found that the termination was justified and upheld the plaintiff's right to terminate the agreement.

In conclusion, the court determined that the conditions for termination had been met, and the agreement could be lawfully terminated by the plaintiff. The court's decision affirmed the contractual terms and provided clarity on the enforcement of termination clauses. The final orders confirmed the validity of the termination and outlined the consequences for the defendant, including the cessation of their obligations under the agreement.

Coogee Energy Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established