Downer EDI Engineering Power Pty Ltd

[2016] FWCA 1339

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

(AG2016/358)

DOWNER EDI ENGINEERING SPRING GULLY PHASE 6 GAS

PROJECT UNION COLLECTIVE AGREEMENT 2010

Building, metal and civil construction industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 9 MARCH 2016

Application for termination of the Downer EDI Engineering Spring Gully Phase 6 Gas

Project Union Collective Agreement 2010.

[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 Spring Gully Phase 6 Gas Project Union Collective Agreement 2010 (“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 1339

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 Spring Gully Phase 6 Gas Project Union Collective Agreement 2010 after its nominal expiry date. The application was made under section 225 of the Fair Work Act 2009. The application was heard by Senior Deputy President Richards at the Fair Work Commission in Brisbane. The primary issue before the court was whether the termination of the agreement was appropriate under section 226 of the Act, considering it was not contrary to the public interest and took into account all relevant circumstances.

The court considered the statutory requirements and the material presented. Senior Deputy President Richards found that the nominal expiry date of the agreement had passed and that terminating the agreement was not contrary to the public interest. Furthermore, the court determined that, given all the circumstances, it was appropriate to terminate the agreement. The decision to terminate the agreement was made in accordance with section 227 of the Act, effective immediately from the date of the decision. The court's reasoning was based on the evidence and arguments presented, and it concluded that the termination was justified under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established