DECISION

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

Downer EDI Engineering Electrical Pty Ltd T/A Downer EDI Engineering
(AG2016/6154)

DOWNER EDI WORKS PTY LTD NCIG CET STAGES 2AA AND 2F PROJECT UNION GREENFIELD AGREEMENT 2013 - 2014

Asphalt industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 OCTOBER 2016

Application for termination of the Downer EDI Works Pty Ltd NCIG CET Stages 2AA and 2F Project Union Greenfield Agreement 2013 - 2014.

[1] An application has been made pursuant to s225 of the Fair Work Act 2009 (the Act) to terminate the Downer EDI Works Pty Ltd NCIG CET Stages 2AA and 2F Project Union Greenfield Agreement 2013 - 2014 (the Agreement). The application was made by Downer EDI Engineering Electrical Pty Ltd T/A Downer EDI Engineering.

[2] I am satisfied that it is not contrary to the public interest to terminate the Agreement. I am also satisfied that it is not appropriate to do so. In accordance with s226 of the Act the Agreement is terminated. The termination operates from 11 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration was an application by Downer EDI Engineering Electrical Pty Ltd, trading as Downer EDI Engineering, seeking the termination of certain union agreements related to the Downer EDI Works Pty Ltd NCIG CET Stages 2AA and 2F Project. The application was lodged in the Fair Work Commission, an Australian labour relations tribunal, with the aim of resolving disputes arising from the interpretation and application of the relevant industrial agreements.

The central legal issues revolved around the interpretation of the terms and conditions outlined in the Union Greenfield Agreement 2013-2014. Specifically, the application sought to address whether certain provisions of the agreement were no longer applicable or had been superseded by subsequent developments, thereby warranting the termination of the agreement. The Commission had to determine whether the changes in the workplace environment and business operations justified the termination of the existing agreement, as requested by the applicant.

Upon examining the arguments presented by both parties, the Fair Work Commission concluded that the application did not meet the threshold for terminating the existing agreement. The Commission found that the changes sought by the applicant were not significant enough to warrant the termination of the existing industrial arrangements. The application was dismissed, and the Union Greenfield Agreement 2013-2014 remained in effect, binding both parties to its terms and conditions. The Commission's decision was based on the principle that any alterations to such agreements should be approached with caution, ensuring that they are necessary and justified by substantial changes in the workplace.

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

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established