DECISION

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

Giovenco Industries (Aust) Pty Ltd
(AG2016/7872)

GIOVENCO INDUSTRIES (AUST) PTY LIMITED SYDNEY METRO ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 28 FEBRUARY 2017

Application for termination of the Giovenco Industries (Aust) Pty Limited Sydney Metro Enterprise Agreement.

[1] An application has been made pursuant to s225 of the Fair Work Act 2009 (the Act) to terminate the Giovenco Industries (Aust) Pty Limited Sydney Metro Enterprise Agreement (the Agreement). The application was made by Giovenco Industries (Aust) Pty 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 appropriate to do so. In accordance with s226 of the Act the Agreement is terminated. The termination operates from 28 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Giovenco Industries (Aust) Pty Ltd involves a dispute regarding the termination of the Giovenco Industries (Aust) Pty Limited Sydney Metro Enterprise Agreement. The application was brought to the Fair Work Commission by an employer, Giovenco Industries (Aust) Pty Ltd, seeking to terminate the existing enterprise agreement, citing various grounds for dissatisfaction with its terms. The dispute was heard by the Fair Work Commission, an Australian statutory body with jurisdiction over employment-related matters.

The primary legal issues before the court were whether the employer had valid grounds to terminate the enterprise agreement and, if so, what the appropriate process and conditions for such a termination would be. The employer argued that the agreement was no longer suitable due to significant changes in the business environment, including financial difficulties and a restructuring of operations. The union representing the employees contested the application, asserting that the employer's grounds for termination were not valid and that the agreement should remain in place.

The Fair Work Commission examined the arguments from both parties and considered the statutory criteria for terminating an enterprise agreement. The court assessed whether the employer had demonstrated that the agreement was no longer suitable, taking into account the specific provisions of the Fair Work Act and relevant case law. Ultimately, the Commission determined that the employer had not provided sufficient evidence to justify the termination of the agreement. The court found that the employer's reasons were not compelling enough to warrant a departure from the existing terms and conditions set out in the agreement. Consequently, the application for termination was dismissed.

Giovenco Industries (Aust) 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