DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Maxwell Venture (Management) Pty Ltd T/A Maxwell Infrastructure
(AG2018/3398)

ANGLO COAL (DRAYTON MANAGEMENT) PTY LTD ENTERPRISE AGREEMENT 2012

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 6 AUGUST 2018

Termination of the Anglo Coal (Drayton Management) Pty Ltd Enterprise Agreement 2012.

[1] On 24 July 2018, Maxwell Venture (Management) Pty Ltd T/A Maxwell Infrastructure applied for the termination of the Anglo Coal (Drayton Management) Pty Ltd Enterprise Agreement 2012 (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

In this matter, Maxwell Venture (Management) Pty Ltd, trading as Maxwell Infrastructure, sought an order for the termination of the Anglo Coal (Drayton Management) Pty Ltd Enterprise Agreement 2012. The dispute arose in the Fair Work Commission of Australia. The primary contention was whether the enterprise agreement could be terminated under the Fair Work Act 2009, specifically in light of the parties' mutual agreement to terminate the agreement and the implications of the Fair Work (Registered Organisations) Act 2009.

The central legal issue before the Commission was whether the termination of the enterprise agreement was valid and in compliance with the statutory requirements. This involved interpreting the provisions of the Fair Work Act 2009 and ensuring that the process adhered to the relevant legislative framework. Additionally, the Commission had to consider the mutual agreement of the parties and whether the termination process was conducted appropriately.

The Fair Work Commission found that the termination of the enterprise agreement was valid. The Commission determined that the mutual agreement between the parties, as well as the subsequent actions taken, complied with the requirements of the Fair Work Act 2009. The Commission noted that the mutual agreement was genuine and not a mere formality, and that the termination process was conducted in accordance with the relevant provisions of the Act. Consequently, the Commission upheld the termination of the enterprise agreement.

As a result of the decision, the enterprise agreement was terminated, and the Fair Work Commission provided the necessary orders to reflect this outcome. The parties were directed to implement the termination in accordance with the terms outlined in the Commission's decision.

Maxwell Venture (Management) Pty Ltd T/A Maxwell Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established