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
(AG2016/1081)

DOWNER AUSTRALIA GROOTE EYLANDT EXPANSION PROJECT 2 UNION AGREEMENT

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 24 MAY 2016

Application for termination of the Downer Australia Groote Eylandt Expansion Project 2 Union Agreement.

[1] On 4 May 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 Australia Groote Eylandt Expansion Project 2 Union Agreement [AE894085] (the Agreement).

[2] The material before me includes the initiating 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. Neither the AMWU, the CFMEU nor the CEPU, as unions covered by the agreement, have put forth any objection to the application. 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 24 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, Downer EDI Engineering Electrical Pty Ltd T/A Downer EDI Engineering applied for the termination of the Downer Australia Groote Eylandt Expansion Project 2 Union Agreement. This was due to the cessation of the project and the absence of other work that would enable the continuation of the agreement. The relevant union, the Electrical Trades Union, opposed the application. The Commission had to decide whether the union agreement could be terminated based on the cessation of the project and the absence of other work.

The Fair Work Commission considered the criteria for terminating an enterprise agreement under section 234 of the Fair Work Act 2009. The Commission noted that the termination of a project does not necessarily mean that the agreement cannot be maintained. The Commission also considered the nature of the work and whether it could reasonably be expected to continue. The Commission found that the union had not provided sufficient evidence to demonstrate that the agreement could be maintained. The Commission concluded that the agreement should be terminated due to the cessation of the project and the absence of other work that would enable the continuation of the agreement.

The Fair Work Commission granted the application for the termination of the Downer Australia Groote Eylandt Expansion Project 2 Union Agreement. The termination was effective from the date of the decision. The Fair Work Commission noted that the termination of the agreement did not affect the rights and obligations of the parties under any other agreement or award. The Commission also noted that the termination did not affect the rights and obligations of the parties under any other agreement or award. The Commission concluded that the termination of the agreement was in the best interests of the parties and the wider community.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established