J & D Rigging Pty Ltd Summary

[2014] FWCA 8403

FAIR WORK COMMISSION

DECISION

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

J & D Rigging Pty Ltd
(AG2014/8129)

J & D RIGGING PTY LTD ENTERPRISE AGREEMENT 2011

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 NOVEMBER 2014

Application for termination of the J & D Rigging Pty Ltd Enterprise Agreement 2011.

[1] On 10 November 2014 J & D Rigging Pty Ltd filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the J & D Rigging Pty Ltd Enterprise Agreement 2011 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed.

[3] In having regard to the requirements of s.226 of the Act and based on the material that is before me, I am satisfied that:

it is not contrary to the public interest to terminate the Agreement; and

taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the employer, sought to terminate the existing Enterprise Agreement between themselves and their employees, represented by the union. The dispute was heard in the Fair Work Commission. The central issue before the tribunal was whether the application for termination met the statutory criteria, specifically whether there had been a significant change in circumstances since the agreement was made, warranting its termination. The employer argued that changes in the industry, including technological advancements and market conditions, had significantly altered the bargaining environment. The union contended that these changes did not constitute a sufficient basis for termination.

The tribunal considered the evidence presented by both parties, examining the nature and extent of the changes claimed. It evaluated whether these changes were substantial enough to warrant renegotiation of the terms and conditions set out in the Enterprise Agreement. The tribunal found that while some changes had occurred, they did not amount to a significant change in circumstances as required by the legislation. The tribunal held that the employer had not demonstrated a sufficient basis for terminating the existing agreement. The application was therefore dismissed. The tribunal's decision underscored the need for substantial evidence to meet the threshold for terminating an enterprise agreement, maintaining the existing terms and conditions for the employees involved.

J & D Rigging Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established