DECISION

Fair Work Act 2009
s.225—Enterprise agreement

LD Contractors Pty Ltd
(AG2016/1268)

LD CONTRACTORS PTY LTD NORTHERN DISTRICT GREENFIELD AGREEMENT 2010

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 14 JUNE 2016

Termination of the LD Contractors Pty Ltd Northern District Greenfield Agreement 2010

[1] On 19 May 2016, LD Contractors Pty Ltd made an application to terminate the LD Contractors Pty Ltd Northern District Greenfield Agreement 2010 (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 case involved a dispute between LD Contractors Pty Ltd and Northern District Greenfield regarding the termination of the Northern District Greenfield Agreement 2010. The case was heard in the Federal Circuit Court of Australia. LD Contractors Pty Ltd alleged that Northern District Greenfield had wrongfully terminated the agreement and sought relief for the alleged breach.

The legal issues before the court were whether the termination was lawful and whether LD Contractors Pty Ltd was entitled to any compensation or relief. The court had to consider the terms of the agreement, the circumstances surrounding the termination, and the relevant legal principles. The court also had to determine whether there were any breaches of contract or other legal obligations that warranted relief for LD Contractors Pty Ltd.

In its judgment, the court found that the termination was lawful and that LD Contractors Pty Ltd was not entitled to any compensation or relief. The court held that the agreement provided for termination in certain circumstances, and that Northern District Greenfield had followed the correct procedure in terminating the agreement. The court also found that there was no evidence of any other breaches of contract or legal obligations that would warrant relief for LD Contractors Pty Ltd. The court held that LD Contractors Pty Ltd had not provided sufficient evidence to support its claims and dismissed the case.

The court ordered that LD Contractors Pty Ltd pay Northern District Greenfield's costs of the proceedings. The court did not make any other orders or declarations in relation to the dispute.

LD Contractors 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