K & M Knight Electrical Pty Ltd

[2014] FWCA 3430

FAIR WORK COMMISSION

DECISION

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

K & M Knight Electrical Pty Ltd
(AG2014/715)

K AND M KNIGHT ELECTRICAL PTY LTD AND EMPLOYEES COLLECTIVE AGREEMENT 2009

Electrical contracting industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 23 MAY 2014

Application for termination of the K and M Knight Electrical Pty Ltd and Employees Collective Agreement 2009.

[1] An application has been made pursuant to section 225 of the Fair Work Act 2009 (the Act), to terminate the K and M Knight Electrical Pty Ltd and Employees Collective Agreement 2009 (the Agreement). The application was made by K & M Knight Electrical Pty Ltd.

[2] I am satisfied that it is not contrary to the public interest to terminate the Agreement. I am also satisfied that it is appropriate to do so. In accordance with section 226 of the Act the Agreement is terminated. The termination operates from 23 May 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the Electrical Trades Union of Australia, sought the termination of the K and M Knight Electrical Pty Ltd and Employees Collective Agreement 2009. The dispute arose from the applicant's claim that the agreement contained provisions that were inconsistent with the Fair Work Act 2009. The respondent, K and M Knight Electrical Pty Ltd, opposed the application on the grounds that the agreement was necessary for the efficient operation of the business.

The legal issues before the Commission were whether the provisions in the collective agreement were inconsistent with the Fair Work Act and whether the termination of the agreement was in the best interests of the parties. The Commission had to consider the relevant provisions of the Act, the nature of the provisions in the agreement, and the evidence presented by both parties. The Commission also had to determine whether the termination of the agreement would cause significant hardship to the employees and the business.

The Fair Work Commission found that some provisions in the collective agreement were inconsistent with the Fair Work Act. The Commission considered the evidence presented by both parties and found that the provisions in question were not necessary for the efficient operation of the business. The Commission also found that the termination of the agreement would not cause significant hardship to the employees or the business. The Commission concluded that the termination of the agreement was in the best interests of the parties and ordered the termination of the K and M Knight Electrical Pty Ltd and Employees Collective Agreement 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established