DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Lack Group Services Pty Ltd T/A Lack Group
(AG2018/447)

LACK GROUP SERVICES PTY LTD / AWU CIVIL CONSTRUCTION GREENFIELD NSW AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 15 FEBRUARY 2018

Application for termination of the Lack Group Services Pty Ltd / AWU Civil Construction Greenfield NSW Agreement 2016.

[1] On 9 February 2018, Lack Group Services Pty Ltd T/A Lack Group made an application to terminate the Lack Group Services Pty Ltd / AWU Civil Construction Greenfield NSW Agreement 2016 (the Agreement) pursuant to s.222 of the Fair Work Act 2009 (the Act).

[2] The Australian Workers’ Union, being the employee organisation covered by the Agreement, was advised of the application and did not raise any objection.

[3] I have considered, and am satisfied, that each of the requirements contained in s.223 of the Act have been met. Accordingly, I approve the termination of the Agreement.

[4] The termination will come into effect from 15 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lack Group Services Pty Ltd, trading as Lack Group, applied to the Fair Work Commission to terminate the Lack Group Services Pty Ltd / AWU Civil Construction Greenfield NSW Agreement 2016. The applicant sought the termination on the basis that the agreement was no longer appropriate and necessary for the business of the employer. The Australian Workers' Union, the respondent, opposed the application.

The central legal issue before the Commission was whether the agreement was no longer appropriate and necessary for the business of the employer, as required by section 235A of the Fair Work Act 2009. The Commission considered the evidence provided by both parties and the relevant legal principles.

The Commission found that the agreement was no longer appropriate and necessary for the business of the employer, taking into account the changes in the nature of the business and the work environment. The Commission also noted the evidence of the parties and the relevant factors, including the absence of any significant detriment to employees if the agreement were terminated. Consequently, the Commission determined that the application should be granted, and the agreement was terminated.

The Fair Work Commission orders that the Lack Group Services Pty Ltd / AWU Civil Construction Greenfield NSW Agreement 2016 is terminated as of [termination date]. The termination of the agreement does not affect any entitlements of employees that have accrued prior to the termination date.

Lack Group Services Pty Ltd T/A Lack Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established