DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Credible Building Technologies Pty Ltd
(AG2018/1940)

CREDIBLE BUILDING TECHNOLOGIES PTY LTD SPRINKLER TRADES ENTERPRISE AGREEMENT 2014

Plumbing industry
DEPUTY PRESIDENT DEAN	SYDNEY, 21 MAY 2018

Application for termination of the Credible Building Technologies Pty Ltd Sprinkler Trades Enterprise Agreement 2014.

[1] On 10 May 2018, Credible Building Technologies Pty Ltd (the Applicant) applied pursuant to s.225 of the Fair Work Act (the Act) to terminate the Credible Building Technologies Pty Ltd Sprinkler Trades Enterprise Agreement 2014 (the Agreement). The Agreement has passed its nominal expiry date of 22 April 2018.

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

[3] 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.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Credible Building Technologies Pty Ltd, the Fair Work Commission was tasked with considering an application to terminate the Sprinkler Trades Enterprise Agreement 2014. The application was brought by the employer, Credible Building Technologies Pty Ltd, on the grounds that the agreement had become out of date and was no longer suitable for the current business environment. The employer argued that changes in the industry, along with broader economic and market conditions, necessitated a revision of the terms and conditions set out in the agreement.

The primary legal issue before the Fair Work Commission was whether the agreement had indeed become out of date and unsuitable to the extent that it warranted termination. This required a thorough examination of the current conditions and circumstances under which the enterprise operates, including the state of the industry, the business's financial health, and the practicality of maintaining the existing terms. The Commission also had to consider the implications of terminating the agreement on the employees, including potential disruptions to their employment conditions and the broader industrial relations framework.

In deliberating on the application, the Fair Work Commission highlighted the significant changes in the industry and the employer's financial situation as key factors. The Commission noted that the existing agreement did not adequately address these changes, thereby rendering it unsuitable for the present circumstances. The employer's inability to maintain the financial commitments under the agreement further supported the application for termination. Consequently, the Commission found that the agreement had indeed become out of date and unsuitable, thereby granting the application. The termination of the agreement will take effect from a specified date, allowing for an orderly transition and ensuring minimal disruption to the employees.

Credible Building Technologies 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