DECISION

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

Mr James Carruthers
(AG2015/1612)

CARRUTHERS CONTRACTING UPSTREAM PROJECTS ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 JANUARY 2015

Application for termination of the Carruthers Contracting Upstream Projects Enterprise Agreement.

[1] On 12 January 2015 Mr James Carruthers filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Carruthers Contracting Upstream Projects Enterprise Agreement (“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

Mr James Carruthers applied to the Fair Work Commission for the termination of the Carruthers Contracting Upstream Projects Enterprise Agreement. The dispute was between Mr Carruthers, as the applicant, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), as the respondent. The matter was heard in the Fair Work Commission.

The central legal issue was whether there had been a significant change in circumstances that warranted the termination of the enterprise agreement. This required the Commission to consider whether the conditions under which the agreement was made no longer existed and whether the termination was in the best interests of the employees and employers covered by the agreement. The Commission also had to assess whether the application met the statutory requirements for termination under the Fair Work Act.

The Fair Work Commission found that there had indeed been a significant change in circumstances that justified the termination of the enterprise agreement. The Commission determined that the economic conditions and operational environment had altered substantially since the agreement was made. These changes adversely affected both the employees and employers, rendering the terms of the agreement unworkable and inequitable. The Commission concluded that the application met the criteria for termination and that the best interests of the parties would be served by terminating the agreement. Consequently, the Commission ordered the termination of the Carruthers Contracting Upstream Projects Enterprise Agreement.

Mr James Carruthers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established