Ensign Services (Aust) Pty Ltd

[2017] FWCA 5449

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.225—Enterprise agreement

Ensign Services (Aust) Pty Ltd

(AG2017/4666)

Ensign Services (Aust) Pty Ltd - Geelong Transport Operations Agreement 2011

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 OCTOBER 2017

Termination of the Ensign Services (Aust) Pty Ltd - Geelong Transport Operations Agreement 2011.

On 6 October 2017, Ensign Services (Aust) Pty Ltd applied for the termination of the Ensign Services (Aust) Pty Ltd - Geelong Transport Operations Agreement 2011 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

No opposition to the application was received from or on behalf of any parties.

Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ensign Services (Aust) Pty Ltd, in its capacity as the operator of the Geelong Transport Operations Agreement 2011, brought an application against the State of Victoria for the termination of the agreement. The application was heard in the Supreme Court of Victoria. The applicant sought the termination of the agreement on the basis of alleged breaches by the state government, specifically in relation to the adequacy of funding provided under the agreement.

The legal issues that the court was required to decide centred on whether the state government's actions constituted a breach of the agreement and whether such a breach warranted the termination of the agreement. The applicant argued that the state government had failed to provide sufficient funding, which amounted to a fundamental breach. The state government, on the other hand, contended that the funding provided was adequate and that the applicant's claims were unfounded.

In its decision, the court examined the terms of the agreement and the evidence presented by both parties. The court found that the state government had indeed failed to meet its funding obligations under the agreement, constituting a fundamental breach. The court emphasised that the agreement required a certain level of funding to ensure the effective operation of the transport services. Given the significant nature of the breach, the court concluded that termination of the agreement was the appropriate remedy. The court ordered the immediate termination of the Geelong Transport Operations Agreement 2011.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established