Downer EDI Engineering Electrical Pty Ltd

[2016] FWCA 1642

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd T/A Downer EDI Engineering

(AG2016/360)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD RIO TINTO

ALCAN GOVE WORKPLACE AGREEMENT 2008 - 2011

Northern Territory

COMMISSIONER WILSON

MELBOURNE, 16 MARCH 2016

Application for termination of the Downer EDI Engineering Electrical Pty Ltd Rio Tinto

Alcan Gove Workplace Agreement 2008 - 2011.

[1] On 19 February 2016, Downer EDI Engineering Electrical Pty Ltd, trading as Downer

EDI Engineering, made an application pursuant to s.225 of the Fair Work Act 2009 (the Act)

to terminate the Downer EDI Engineering Electrical Pty Ltd Rio Tinto Alcan Gove Workplace

Agreement 2008 - 2011 (the Agreement).

[2] The material before me includes the initial application, and an accompanying statutory

declaration filed by the employer in support of the application. The application provides that

there are currently no employees covered by the agreement. I am satisfied that each of the

requirements of s.226 of the Act have been met. As such, I must approve the termination of

the Agreement.

[3] The Agreement is terminated and, pursuant to s.227 of the Act, the termination will

come into effect from 16 March 2016.

Printed by authority of the Commonwealth Government Printer

COMMISSIONER

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd, trading as Downer EDI Engineering, sought to terminate the Downer EDI Engineering Electrical Pty Ltd Rio Tinto Alcan Gove Workplace Agreement 2008 - 2011. The application was made under section 225 of the Fair Work Act 2009. The primary dispute centred on the validity of the application and whether the statutory requirements for termination were met. The matter was heard by Commissioner Wilson of the Fair Work Commission in Melbourne on 16 March 2016.

The legal issues before the Commissioner were whether Downer EDI Engineering Electrical Pty Ltd had fulfilled all the statutory requirements for the application to terminate the enterprise agreement. Specifically, the Commissioner had to determine if there were currently no employees covered by the agreement, which was a condition precedent for the application under section 226 of the Act. Additionally, the Commissioner needed to consider if the application complied with the procedural requirements outlined in the Act.

In examining the application, Commissioner Wilson found that Downer EDI Engineering Electrical Pty Ltd had satisfied the statutory requirements under section 226 of the Act. The employer provided a statutory declaration confirming that there were no employees currently covered by the agreement. The Commissioner was satisfied with the evidence presented and determined that all procedural requirements had been met. Consequently, the Commissioner approved the termination of the Downer EDI Engineering Electrical Pty Ltd Rio Tinto Alcan Gove Workplace Agreement 2008 - 2011.

The termination of the agreement took effect from 16 March 2016, in accordance with section 227 of the Fair Work Act 2009. The Commissioner’s decision was based on the application’s compliance with the necessary statutory provisions and the absence of employees covered by the agreement at the time of application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established