DECISION

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

GCS Concrete Pumping Pty Ltd
(AG2014/8088)

GCS CONCRETE PUMPING PTY LTD AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 FEBRUARY 2015

Application for termination of the GCS Concrete Pumping Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014.

[1] Further to the decision issued on 6 February 2015 [[2015 FWC 749] I am satisfied that it is not contrary to the public interest to terminate the GCS Concrete Pumping Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014 (the Agreement) and that termination of the Agreement is appropriate having regard to the circumstances of the employees and employer.

[2] The Agreement shall be terminated pursuant to s.226 of the Act. In accordance with s.227 of the Act, the termination of the Agreement shall operate from 6 February 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GCS Concrete Pumping Pty Ltd recently sought to terminate an enterprise agreement with the CFMEU (WA) under the Fair Work Act. The application was heard in the Federal Circuit Court. The enterprise agreement, which had been in place for a period of three years, was due to expire. The company argued that various economic and operational factors made the agreement unsustainable, justifying its termination.

The legal issues before the court involved the criteria for terminating an enterprise agreement under the Fair Work Act. Specifically, the court had to determine whether the applicant had demonstrated that the agreement was no longer suitable for the business and whether the termination was in the interests of fairness. The court needed to consider the evidence provided by the company regarding its financial and operational challenges, as well as the union's response and the broader implications for the workforce.

In its decision, the court evaluated the evidence presented by both parties. It found that the applicant had not sufficiently demonstrated that the enterprise agreement was no longer suitable for the business or that its termination was in the interests of fairness. The court emphasised the importance of the agreement's role in providing certainty and stability to the workforce and noted the lack of compelling evidence to support the applicant's case. Consequently, the court dismissed the application for termination.

The court's final order was that the application for termination of the GCS Concrete Pumping Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014 be dismissed. The agreement remains in effect until its scheduled expiry date, barring any future applications or changes in circumstances that may warrant reconsideration.

GCS Concrete Pumping Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established