Downer EDI Engineering Power Pty Ltd

[2016] FWCA 1336

DECISION

Fair Work Act 2009

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

Downer EDI Engineering Power Pty Ltd

(AG2016/349)

DOWNER EDI ENGINEERING POWER PTY LTD NCIG CET STAGES

2AA AND 2F PROJECT UNION GREENFIELD AGREEMENT 2010-

2014

Building, metal and civil construction industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 9 MARCH 2016

Application for termination of the Downer EDI Engineering Power Pty Ltd NCIG CET Stages

2AA and 2F Project Union Greenfield Agreement 2010-2014.

[1] On 19 February 2016 Downer EDI Engineering Power Pty Ltd filed an application

pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Downer EDI

Engineering Power Pty Ltd NCIG CET Stages 2AA and 2F Project Union Greenfield

Agreement 2010-2014 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed.
[3] In having regard to the requirements of s.226 of the 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
 taking into account all the circumstances, it is appropriate to terminate the
Agreement.
[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

[2016] FWCA 1336

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd applied for the termination of the Downer EDI Engineering Power Pty Ltd NCIG CET Stages 2AA and 2F Project Union Greenfield Agreement 2010-2014. The application was filed pursuant to section 225 of the Fair Work Act 2009, following the expiry of the agreement. The applicant argued that it was appropriate to terminate the agreement given the passage of its nominal expiry date.

The primary legal issue before the court was whether the agreement could be terminated post its nominal expiry date under section 225 of the Fair Work Act. The court also had to consider whether terminating the agreement was contrary to the public interest and if it was appropriate to terminate the agreement under section 226 of the Act.

After reviewing the material presented, the Senior Deputy President concluded that terminating the agreement was not contrary to the public interest and was appropriate. The court noted that the nominal expiry date of the agreement had indeed passed. Consequently, the court ordered the termination of the agreement effective immediately, as per section 227 of the Fair Work Act. This decision effectively brings the agreement to an end, reflecting the statutory requirements and the circumstances presented in the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established