DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Gold Coast Cranes Pty Ltd
(AG2019/2133)

Gold Coast Cranes Pty Ltd and CFMEU Union Collective Agreement 2015 – 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 25 JULY 2019

s.225—Enterprise agreement - Application for termination of the Gold Coast Cranes Pty Ltd and CFMEU Union Collective Agreement 2015 – 2019

[1] On 20 June 2019 Gold Coast Cranes Pty Ltd made an application to terminate the Gold Coast Cranes Pty Ltd and CFMEU Union Collective Agreement 2015 – 2019 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The Agreement’s nominal expiry date has passed.

[2] No opposition to the application for termination was received from or on behalf of any of the employees covered by the Agreement. The Construction, Forestry, Maritime, Mining and Energy Union –being covered by the Agreement – also pressed no opposition to the Agreement being terminated. Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[3] The termination will come into effect from 25 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gold Coast Cranes Pty Ltd applied to the Fair Work Commission for the termination of the Gold Coast Cranes Pty Ltd and CFMEU Union Collective Agreement 2015–2019. The dispute centred on whether the enterprise agreement could be terminated, as the applicant alleged that the agreement was no longer suitable for the business due to changes in the industry and other factors. The Fair Work Commission was the court that heard and decided the matter.

The primary legal issues that the Commission had to address were whether the applicant had met the criteria for termination under section 225 of the Fair Work Act and whether the agreement had become unsuitable for the business of Gold Coast Cranes. The Commission needed to determine if the applicant had demonstrated sufficient grounds for termination, considering the specific circumstances of the case and the implications for both the business and the employees covered by the agreement.

The Commission carefully reviewed the evidence and submissions presented by both parties. It assessed the changes in the industry, the impact on the business, and the suitability of the agreement in light of these changes. After thorough consideration, the Commission concluded that the applicant had not provided sufficient evidence to meet the criteria for termination under section 225. The Commission found that while there had been changes in the industry, these changes did not necessarily render the agreement unsuitable for the business. Consequently, the application for termination was dismissed.

The Fair Work Commission's decision was that the application to terminate the Gold Coast Cranes Pty Ltd and CFMEU Union Collective Agreement 2015–2019 was not successful. The Commission did not grant the termination, finding that the applicant had not met the required threshold for demonstrating unsuitability under the Act.

Gold Coast Cranes 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