Downer EDI Engineering Power Pty Ltd Summary

[2016] FWCA 707

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

(AG2016/122)

DOWNER AUSTRALIA GLADSTONE AREA ENTERPRISE

AGREEMENT 2011-2014

Building, metal and civil construction industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 5 FEBRUARY 2016

Application for termination of the Downer Australia Gladstone Area Enterprise Agreement

2011-2014.

[1] On 25 January 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 Australia

Gladstone Area Enterprise Agreement 2011-2014 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed. The employer

has declared that there are no longer any employees covered by the Agreement.

[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 707

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd sought the termination of the Downer Australia Gladstone Area Enterprise Agreement 2011-2014, pursuant to section 225 of the Fair Work Act 2009. The application was made on 25 January 2016, following the nominal expiry date of the agreement. The employer declared that no employees were covered by the agreement, which was a necessary condition for the application. The matter was heard by Senior Deputy President Richards in Brisbane on 5 February 2016.

The primary legal issues for the court to decide were whether it was appropriate to terminate the agreement and whether such a termination was contrary to the public interest. The court had to consider the circumstances surrounding the agreement and its expiry, as well as the implications of terminating the agreement on the employees and the industry. The court needed to ensure that the termination was not only procedurally correct but also aligned with the principles of fairness and public interest as outlined in section 226 of the Act.

After reviewing the material presented, the Senior Deputy President was satisfied that terminating the agreement was not contrary to the public interest and that it was appropriate to do so considering all circumstances. The court's decision was grounded in the facts that the agreement had passed its nominal expiry date and that no employees were covered by it. The termination was to take effect immediately, in accordance with section 227 of the Act. This decision effectively brought an end to the Downer Australia Gladstone Area Enterprise Agreement 2011-2014.

Downer EDI Engineering Power Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established