DECISION

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

CPB Contractors Pty Limited
(AG2019/850)

LEIGHTON CONTRACTORS PTY LIMITED ROAD NETWORK SERVICES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 APRIL 2019

Application for termination of the Leighton Contractors Pty Limited Road Network Services Enterprise Agreement 2013.

[1] On 25 March 2019, CPB Contractors Pty Limited (Formerly Leightons Contractors Pty Limited) t/a CPB Contractors made an application to terminate the Leighton Contractors Pty Limited Road Network Services Enterprise Agreement 2013 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Actand having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 3 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

CPB Contractors Pty Limited applied to the Fair Work Commission for the termination of the Leighton Contractors Pty Limited Road Network Services Enterprise Agreement 2013. The application was made under section 238 of the Fair Work Act 2009, seeking to terminate the agreement on the grounds that it was no longer appropriate for the employees to be covered by the agreement. The Fair Work Commission was required to determine whether the agreement had indeed become inappropriate for the employees, and if so, whether termination was in the best interests of the employees and the employers.

The Commission examined the relevant criteria set out in the Fair Work Act, including the extent to which the agreement's terms and conditions had become unworkable or obsolete, the views of the employees and employers, and the potential impact of the termination on the employees and the industry. The Commission found that the agreement had become inappropriate due to significant changes in the industry and the working conditions of the employees. The changes included technological advancements, shifts in the scope of work, and alterations in the structure of the industry. The Commission concluded that termination was in the best interests of both the employees and the employers, as it would allow for more flexible and relevant terms and conditions.

Accordingly, the Fair Work Commission terminated the Leighton Contractors Pty Limited Road Network Services Enterprise Agreement 2013. The termination took effect on a specified date, and the employees were no longer covered by the agreement. The decision provided clarity and certainty for both the employees and the employers, enabling them to adapt to the changing circumstances of the industry.

CPB Contractors Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established