DECISION

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

Devcon Civil Pty Ltd
(AG2018/1499)

DEVCON CIVIL ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 23 MAY 2018

Application for termination of the Devcon Civil Enterprise Agreement.

[1] On 17 April 2018, Devcon Civil Pty Ltd made an application to terminate the Devcon Civil Enterprise Agreement (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 23 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Devcon Civil Pty Ltd, the applicant, seeking the termination of the Devcon Civil Enterprise Agreement. The applicant argued that the agreement was no longer appropriate due to changes in the industry and the need for greater flexibility in managing its workforce. The respondent, an unincorporated association representing the employees, opposed the application, asserting that the agreement remained relevant and beneficial to the workforce.

The central legal issues for the Commission to decide were whether the changes in the industry justified the termination of the existing enterprise agreement and whether such termination was in the best interests of the employees. The Commission needed to assess the relevance of the agreement in light of the applicant's submissions and consider whether the proposed changes would adversely affect the employees.

The Commission found that the changes in the industry were significant and warranted a review of the existing agreement. However, it also determined that the proposed changes to the agreement would not necessarily lead to a worse outcome for the employees. The Commission emphasised the importance of maintaining a balanced approach, ensuring that any changes to the agreement would not undermine the rights and protections of the employees. Consequently, the application for termination was dismissed, with the Commission ordering that the existing agreement remain in place, subject to further negotiations between the parties.

Devcon Civil 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