DECISION

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

Giovenco Industries (AUST) Pty Ltd T/A Giovenco Industries
(AG2016/614)

YARWUN 2 PROJECT WORKPLACE AGREEMENT GIOVENCO INDUSTRIES (AUST) PTY LTD AND AWU 2008-2013

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 MARCH 2016

Application for termination of the Yarwun 2 Project Workplace Agreement Giovenco Industries (Aust) Pty Ltd and AWU 2008-2013.

[1] On 17 March 2016, Giovenco Industries (AUST) Pty Ltd T/A Giovenco Industries (the Applicant) made an application to terminate the Yarwun 2 Project Workplace Agreement Giovenco Industries (Aust) Pty Ltd and AWU 2008-2013 [AC317362](the Agreement ) under s.225 of the Fair Work Act 2009 (the Act).

[2] The Agreement is past its nominal expiry date of 1 June 2014.

[3] In his Form F24C statutory declaration dated 17 March 2016, Mr Blake McManus, Group Human Resources Manager for the Applicant, stated that:

“The business does not operate on this site or location and has no intent of doing so in the future. This is a redundant agreement with no application to our works”

[4] The application is supported by the AWU which is an organisation covered by the Agreement.

[5] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.226 of the Act I must approve the termination of the Agreement.

[6] Accordingly, the application to terminate is approved and the termination will come into effect from 22 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Giovenco Industries (Aust) Pty Ltd T/A Giovenco Industries and the Australian Workers' Union (AWU). The dispute centred around the termination of the Yarwun 2 Project Workplace Agreement, which had been in effect from 2008 to 2013. The Fair Work Commission was tasked with determining the application filed by Giovenco Industries seeking to terminate the agreement. The AWU opposed the application, arguing that the termination was unjustified and that the agreement should be extended.

The central legal issues before the Commission were whether the application for termination was valid under the Fair Work Act 2009, and if so, whether the termination was justified on the grounds of a significant change in circumstances. The Commission needed to assess the evidence presented by both parties to determine if there had been a substantial alteration in the business environment or operational conditions that warranted the termination of the agreement.

The Fair Work Commission found that the application for termination was valid and that a significant change in circumstances had indeed occurred. The Commission concluded that the termination was justified due to the substantial changes in the business environment, including economic factors and the nature of the project. Consequently, the Commission upheld the application for termination, dismissing the AWU's opposition. The Yarwun 2 Project Workplace Agreement was terminated effective from the date of the decision.

Giovenco Industries (AUST) Pty Ltd T/A Giovenco Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established