Goldsprings Earthmoving and Heavy Haulage Pty Ltd Summary

[2016] FWCA 1582

DECISION

Fair Work Act 2009

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

Goldsprings Earthmoving and Heavy Haulage Pty Ltd

(AG2015/6017)

GOLDSPRINGS EARTHMOVING AND HEAVY HAULAGE PTY

LIMITED PLANT OPERATORS ENTERPRISE AGREEMENT

Building, metal and civil construction industries

COMMISSIONER RIORDAN

SYDNEY, 11 MARCH 2016

Application for termination of the Goldsprings Earthmoving and Heavy Haulage Pty Limited

Plant Operators Enterprise Agreement.

[1] On 30 October 2015, Goldsprings Earthmoving and Heavy Haulage Pty Ltd made an

application to terminate the Goldsprings Earthmoving and Heavy Haulage Pty Limited Plant

Operators Enterprise Agreement (the Agreement) under s.225 of the Fair Work Act 2009 (the

Act).

[2] No opposition to the application was received for or on behalf of any employees.

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 Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 11 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Goldsprings Earthmoving and Heavy Haulage Pty Ltd, the company applied for the termination of the Goldsprings Earthmoving and Heavy Haulage Pty Limited Plant Operators Enterprise Agreement under section 225 of the Fair Work Act 2009. The application was made on 30 October 2015 and there was no opposition to the application from any employees. The agreement in question relates to the building, metal and civil construction industries.

The legal issue that the court had to decide was whether the application for termination of the enterprise agreement was justified under the Fair Work Act 2009. The court had to consider the matters outlined in section 226 of the Act before deciding whether to terminate the agreement. The court also had to consider if there was any opposition to the application from the employees.

The court found that the application for termination of the enterprise agreement was justified under section 225 of the Fair Work Act 2009. The court was satisfied that all the matters outlined in section 226 of the Act were met, and there was no opposition to the application from the employees. The court therefore terminated the agreement and the termination came into effect from 11 March 2016.

Goldsprings Earthmoving and Heavy Haulage Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established