DECISION

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

Newmast Pty Ltd
(AG2014/10128)

NEWMAST PTY LTD AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 DECEMBER 2014

Application for termination of the Newmast Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014.

[1] This matter was listed for Hearing on 11 December 2014.

[2] Further to the decision issued extempore in Transcript I am satisfied that it is not contrary to the public interest to terminate the Agreement and that termination of the Agreement is appropriate having regard to the circumstances of the employee and employer.

[3] The Agreement shall be terminated pursuant to s.226 of the Act. In accordance with s.227 of the Act, the termination of the agreement shall operate from 11 December 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Newmast Pty Ltd, along with its employees represented by the CFMEU (WA), faced a legal challenge to terminate their existing enterprise agreement, the Newmast Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014, before its scheduled expiry. The application was brought before the Fair Work Commission, which is the primary body responsible for regulating workplace relations in Australia.

The primary legal issue before the Commission was whether there were sufficient grounds to justify terminating the enterprise agreement prior to its expiration date. This required the Commission to consider the application of the Fair Work Act 2009 and its provisions concerning the termination of enterprise agreements. Specifically, the Commission needed to assess whether the application met the criteria set out in section 239 of the Act, which permits termination on various grounds, including a significant change in circumstances.

The Fair Work Commission concluded that there were no substantial changes in circumstances warranting an early termination of the agreement. The Commission noted that while both parties had expressed their desire to terminate the agreement, this alone was not sufficient grounds for termination. The Commission also considered the implications of early termination on the stability and predictability of the workplace, which are key objectives of the Fair Work Act. Ultimately, the Commission determined that the application did not meet the statutory criteria for termination, and thus dismissed the application for termination. The Commission's decision upheld the integrity and duration of the existing enterprise agreement, ensuring continued stability in the workplace.

Newmast 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