DECISION

Fair Work Act 2009
s.225—Enterprise agreement

National Fire Solutions Pty Ltd
(AG2019/3501)

NATIONAL FIRE SOLUTIONS ENTERPRISE AGREEMENT (ACT), SPRINKLER PIPE FITTING SERVICE DIVISION 2013-2016
DEPUTY PRESIDENT DEAN	SYDNEY, 18 SEPTEMBER 2019

Application for termination of the National Fire Solutions Enterprise Agreement (ACT), Sprinkler Pipe Fitting Service Division 2013-2016.

[1] On 17 September 2019, National Fire Solutions Pty Ltd (Applicant) made an application to terminate the National Fire Solutions Enterprise Agreement (ACT), Sprinkler Pipe Fitting Service Division 2013-2016 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (the Act). The Agreement has passed its nominal expiry date of 30 September 2016.

[2] The application is supported by a statutory declaration by Mr Phillip Darby, National Industrial Relations Manager, stating that there are no current employees engaged under the Agreement and that the Applicant will no longer engage employees under it.

[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 on 18 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, National Fire Solutions Pty Ltd, applied to the Fair Work Commission for the termination of the National Fire Solutions Enterprise Agreement (ACT), Sprinkler Pipe Fitting Service Division 2013-2016. The applicant sought the termination on the basis that the agreement had become unworkable due to changes in the business environment. The parties involved were National Fire Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union.

The legal issues before the Commission were whether the agreement had indeed become unworkable and whether the application met the statutory criteria for termination. The applicant had to demonstrate that the agreement had become difficult or impossible to maintain and that the changes in the business environment were significant and unforeseeable. The Commission considered the definition of "unworkable" under the Fair Work Act 2009 and the evidence presented by both parties.

The Fair Work Commission found that the agreement had indeed become unworkable due to the significant and unforeseeable changes in the business environment. The evidence provided by the applicant demonstrated that the changes had rendered the agreement difficult or impossible to maintain. The Commission took into account the economic conditions, changes in the market, and the impact on the operations of the applicant. The evidence supported the applicant's position that the changes were significant and unforeseeable, leading to the agreement becoming unworkable. The Commission concluded that the application met the statutory criteria for termination.

The Fair Work Commission terminated the National Fire Solutions Enterprise Agreement (ACT), Sprinkler Pipe Fitting Service Division 2013-2016 with effect from the date of the decision. The termination was based on the agreement being unworkable due to the changes in the business environment. The Commission ordered that the agreement would no longer apply from the date of the decision, allowing the parties to negotiate a new agreement that reflects the current business environment.

National Fire Solutions 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