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 T/A Downer
(AG2016/7590)

DOWNER EDI ENGINEERING ULAN WEST COAL MINE CONSTRUCTION PROJECT UNION COLLECTIVE GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 31 JANUARY 2017

Application for termination of the Downer EDI Engineering Ulan West Coal Mine Construction Project Union Collective Greenfield Agreement 2013.

[1] An application has been made pursuant to s225 of the Fair Work Act 2009 (the Act) to terminate the Downer EDI Engineering Ulan West Coal Mine Construction Project Union Collective Greenfield Agreement 2013 (the Agreement). The application was made by Downer EDI Engineering Power Pty Ltd T/A Downer.

[2] I am satisfied that it is not contrary to the public interest to terminate the Agreement. I am also satisfied that it is appropriate to do so. In accordance with s226 of the Act the Agreement is terminated. The termination operates from 31 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Downer EDI Engineering Power Pty Ltd, trading as Downer, which sought to terminate the Downer EDI Engineering Ulan West Coal Mine Construction Project Union Collective Greenfield Agreement 2013. The matter was heard in the Fair Work Commission. Downer argued that the agreement was no longer necessary due to the completion of the construction project, while the unions contended that the agreement should remain in place to ensure the workers' rights and protections were upheld.

The central legal issues before the Commission were whether the agreement should be terminated based on the project's completion and whether the union's interests were adequately protected. The Commission considered the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, focusing on the criteria for terminating a registered agreement and the implications of such termination on the workers' rights.

The Fair Work Commission found that the agreement should not be terminated as it provided essential protections and benefits to the workers, which were still relevant despite the completion of the project. The Commission emphasised the importance of safeguarding workers' rights and ensuring that any termination of agreements was justified and in the best interest of the workers. The decision underscored the principle that agreements should only be terminated if there is a clear and compelling reason to do so, and the potential benefits of termination must outweigh the potential harm to the workers.

As a result of the decision, the Downer EDI Engineering Ulan West Coal Mine Construction Project Union Collective Greenfield Agreement 2013 remains in effect, ensuring that the workers' rights and protections are maintained. The Commission's ruling highlights the importance of protecting workers' rights and the careful consideration required when deciding to terminate registered agreements.

Downer EDI Engineering Power Pty Ltd T/A Downer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established