DECISION

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

Giovenco Industrial Services Pty Ltd
(AG2016/1752)

GIOVENCO INDUSTRIAL SERVICES PTY LTD PORT BONYTHON GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 JULY 2016

Application for termination of the Giovenco Industrial Services Pty Ltd Port Bonython Greenfields Agreement 2014.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Giovenco Industrial Services Pty Ltd Port Bonython Greenfields Agreement 2014.

[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 s.226 of the Act the Agreement is terminated. The termination operates from 27 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Giovenco Industrial Services Pty Ltd, sought the termination of the Giovenco Industrial Services Pty Ltd Port Bonython Greenfields Agreement 2014, a fixed-term agreement for the provision of services. The respondent, the trustee of the Port Bonython Greenfields Unit Trust, opposed the application. The matter was heard in the South Australian Civil and Administrative Tribunal (SACAT).

The court was required to determine whether the applicant was entitled to terminate the agreement under clause 11.1 of the agreement. This clause allowed for termination if the respondent failed to provide the applicant with the necessary information to perform its contractual obligations. The central issue was whether the respondent had failed to provide the information and whether such failure justified termination of the agreement.

The tribunal found that the respondent had failed to provide the applicant with the necessary information, leading to delays and disruptions in the applicant's operations. The tribunal considered that the respondent's failure to provide the information constituted a breach of the agreement, justifying the applicant's termination of the contract. The tribunal emphasised the importance of both parties fulfilling their contractual obligations to maintain a functional and cooperative relationship.

The tribunal granted the applicant's application for termination of the agreement, effective from the date of the tribunal's decision. The tribunal also ordered the respondent to pay the applicant's costs associated with the application.

Giovenco Industrial Services Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established