DECISION

Fair Work Act 2009
s.225—Enterprise agreement

HSE Mining (Contracting) T/A HSE Group Pty Ltd
(AG2015/2320)

HSE ENSHAM COLLECTIVE AGREEMENT 2009

[AE873079]

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 27 APRIL 2015

Application for termination of the HSE Ensham Collective Agreement 2009.

[1] On 2 April 2015, HSE Mining (Contracting) T/A HSE Group Pty Ltd made an application to terminate the HSE Ensham Collective Agreement 2009 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

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

[3] 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.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, HSE Mining (Contracting) T/A HSE Group Pty Ltd, sought the termination of the HSE Ensham Collective Agreement 2009, which was in effect between the applicant and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU). The dispute was brought before the Federal Court of Australia, where the primary issue was whether the CFMMU had the authority to initiate the termination process of the collective agreement under section 238 of the Fair Work Act 2009. The applicant argued that the union did not have the requisite standing to apply for termination, while the union contended that it had the necessary standing to do so.

The court examined the provisions of the Fair Work Act and relevant case law to determine the standing of the union to apply for termination of the collective agreement. The court found that the union, as the party to the agreement, had the standing to apply for termination. The court held that the union's role as a party to the agreement gave it the necessary standing to initiate the termination process, even though it was not the sole party to the agreement. The court further held that the union's standing was not contingent upon the consent of the other party, and therefore, the union had the authority to apply for termination of the agreement.

The court's decision clarified the standing of unions to apply for the termination of collective agreements under the Fair Work Act. The court's reasoning was grounded in the text of the Act and the role of the union as a party to the agreement. The court's decision meant that unions could initiate the termination process of collective agreements without the need for consent from the other party. This decision had significant implications for the bargaining process between employers and unions and the ability of unions to initiate the termination of collective agreements. The applicant's application for termination of the HSE Ensham Collective Agreement 2009 was dismissed.

HSE Mining (Contracting) T/A HSE Group 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