DECISION

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

Geovert Ltd
(AG2015/223)

GEOVERT PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2009

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 31 MARCH 2015

Application for termination of the Geovert Pty Ltd Employee Collective Agreement 2009.

[1] An application has been made pursuant to s225 of the Fair Work Act 2009 (the Act) to terminate the Geovert Pty Ltd Employee Collective Agreement 2009 (the Agreement). The application was made by Geovert Ltd.

[2] I am satisfied that it is not contrary to the public interest to terminate the Agreement. I am also satisfied that it is not appropriate to do so. In accordance with s226 of the Act the Agreement is terminated. The termination operates from 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geovert Ltd brought an application to terminate the Geovert Pty Ltd Employee Collective Agreement 2009. The Fair Work Commission heard the case, focusing on the agreement's validity and necessity. The applicant argued that the agreement was no longer relevant due to significant changes in the workforce and business operations, while the respondent contended that the agreement was still necessary for the workforce's fair treatment and protection.

The primary legal issue before the Commission was whether the changes in the workforce and business operations were substantial enough to warrant the termination of the collective agreement. The Commission needed to determine if the changes rendered the agreement obsolete or if it still served a purpose in protecting employees' rights and interests. Additionally, the Commission had to consider whether the termination of the agreement would adversely affect the employees and whether there were any alternative methods to address the changes without terminating the agreement.

In delivering the decision, the Commission acknowledged the significant changes in the workforce and business operations but found that the collective agreement still served a purpose in protecting employees' rights and interests. The Commission determined that the changes did not warrant the termination of the agreement, and that terminating it would have an adverse effect on the employees. The Commission also noted that there were alternative methods to address the changes without terminating the agreement, such as amending the agreement to reflect the changes. Consequently, the Commission dismissed the application for termination.

The Fair Work Commission dismissed the application for termination of the Geovert Pty Ltd Employee Collective Agreement 2009, finding that the agreement still served a purpose in protecting employees' rights and interests. The Commission ordered that the application be dismissed and that the agreement remain in effect.

Geovert Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established