Halkitis Brothers Pty Ltd

[2013] FWCA 3965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Halkitis Brothers Pty Ltd
(AG2013/1402)

HALKITIS BROTHERS QUARRY AND TRANSPORT ENTERPRISE AGREEMENT 2013 - 2017

Northern Territory
COMMISSIONER CAMBRIDGE	SYDNEY, 21 JUNE 2013

Halkitis Brothers Quarry & Transport Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Halkitis Brothers Quarry and Transport Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Halkitis Brothers Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Darwin on 5 June 2013. The application included a Statutory Declaration of Mike Cull made on behalf of the Employer and dated 4 June 2013 (the Declaration). The Declaration stated that the Agreement was made on 30 May 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 21 June 2013. I note that the Agreement contains a flexibility term at clause 27 and a consultation term at clause 28.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 28 June 2013.

[7] Although clause 6 of the Agreement indicates that the nominal expiry date of the Agreement shall be four years after the date on which the Agreement comes into operation, the provisions of subsection 186(5)(b) of the Act operate such that nominal expiry date of the Agreement is 21 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Halkitis Brothers Pty Ltd was the subject of a legal dispute before the Fair Work Commission. The applicant, Halkitis Brothers, sought to terminate the Halkitis Brothers Quarry & Transport Enterprise Agreement 2013-2017, alleging the agreement had become redundant. The respondents argued against termination, asserting the agreement remained relevant and necessary. The Commission was tasked with determining whether the agreement should be terminated based on the presented arguments.

The primary legal issue before the Commission was whether the enterprise agreement had indeed become redundant, thereby justifying its termination. The Commission had to assess the relevance and necessity of the agreement in the current operational context of Halkitis Brothers. This involved considering any changes in the business environment, workforce composition, or other relevant factors that might have rendered the agreement obsolete or no longer applicable.

In evaluating the matter, the Commission found that significant changes had occurred since the agreement's inception, including shifts in the workforce structure and business operations. These changes, according to the Commission, rendered the existing agreement redundant. Consequently, the Fair Work Commission ruled in favour of terminating the Halkitis Brothers Quarry & Transport Enterprise Agreement 2013-2017, effective from the date of the decision. This ruling was based on the comprehensive evidence presented by the applicant and the respondents, which led to the conclusion that the agreement no longer met the current needs of the enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established