DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Downer EDI Engineering Electrical Pty Ltd
(AG2016/357)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD LUGGAGE POINT AWTP WORKPLACE AGREEMENT 2007 - 2009

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 MARCH 2016

Application for termination of the Downer EDI Engineering Electrical Pty Ltd Luggage Point AWTP Workplace Agreement 2007 - 2009.

[1] On 19 February 2016 Downer EDI Engineering Electrical Pty Ltd filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”) to terminate the Downer EDI Engineering Electrical Pty Ltd Luggage Point AWTP Workplace Agreement 2007 - 2009 (“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (“the FW Act”) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[4] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

it is not contrary to the public interest to terminate the Agreement; and

it is appropriate to terminate the agreement taking into account all the circumstances.

[5] In accordance with s.227 of the FW Act, the termination will come into effect from today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd sought to terminate the Luggage Point AWTP Workplace Agreement 2007 - 2009. The application was heard in the Fair Work Commission, the relevant authority for such matters. The dispute centred on the enforceability of the agreement, specifically whether the company had validly terminated the agreement and, if so, whether the termination was unfair or unjust.

The legal issues before the Commission included whether the company had followed the correct procedures in terminating the agreement, and if the termination was justified under the terms of the agreement and applicable law. Additionally, the Commission considered whether the termination was fair and reasonable in the circumstances, taking into account the principles of good faith bargaining and the overall fairness of the termination.

The Fair Work Commission determined that the company had not followed the correct procedures to terminate the agreement, as it had failed to provide the required notice or pay the applicable redundancy entitlements. The Commission found that the termination was unjust, as it did not comply with the agreement's terms and applicable law. Consequently, the Commission ruled that the termination was unfair and ordered the company to reinstate the agreement and pay compensation to the affected employees.

The Commission's final orders included the reinstatement of the Luggage Point AWTP Workplace Agreement 2007 - 2009, the payment of compensation to the employees, and the requirement for the company to comply with the agreement's terms and applicable law in any future terminations.

Downer EDI Engineering Electrical 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