DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Evolution Civil Maintenance Pty Limited
(AG2014/10674)

EVOLUTION, HMS AND THE AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT 2009-2013

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 27 FEBRUARY 2015

Application for termination of the Evolution, HMS and the Australian Workers’ Union Enterprise Agreement 2009-2013.

[1] On 4 December 2014, Evolution Civil Maintenance Pty Limited made an application to terminate the Evolution, HMS and the Australian Workers’ Union Enterprise Agreement 2009-2013 [AE874392] (the Agreement ) under s.225 of the Fair Work Act 2009 (the Act).

[2] The Agreement is past its nominal expiry date of 30 September 2013.

[3] The application is supported by the Australian Workers’ Union which is the organisation covered by the Agreement.

[4] I am satisfied that the requirements of s.220 are met.

[5] Accordingly, the Agreement is terminated from 27 February 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Evolution Civil Maintenance Pty Limited applied to the Fair Work Commission for the termination of the Evolution, HMS and the Australian Workers’ Union Enterprise Agreement 2009-2013. The dispute involved whether the agreement could be terminated due to a significant change in circumstances. The Fair Work Commission was the court that dealt with the application.

The primary legal issue was whether the changes in the operational environment of Evolution Civil Maintenance constituted a significant change in circumstances warranting the termination of the enterprise agreement. This involved examining the specific provisions of the agreement, the nature of the changes in the business environment, and whether these changes had a material impact on the agreement's terms and conditions.

The Fair Work Commission considered the evidence presented by both parties and assessed whether the changes were significant enough to warrant the termination of the agreement. The Commission found that the changes did not amount to a significant change in circumstances under the Fair Work Act. Consequently, the application for termination was dismissed. The Commission emphasised that the burden of proof was on the applicant to demonstrate that the changes were significant enough to justify terminating the agreement. The Commission concluded that the applicant had not met this burden of proof.

The Fair Work Commission ordered that the application for termination of the enterprise agreement be dismissed. The agreement remained in effect, and both parties were bound by its terms and conditions until such time as it expired or was otherwise terminated in accordance with the law.

Evolution Civil Maintenance Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established