Noble Concrete and Excavation T/A Noble Concrete Pumping Summary

[2017] FWCA 5342

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.225—Enterprise agreement

Noble Concrete and Excavation T/A Noble Concrete Pumping

(AG2017/4171)

Noble Concrete Pumping & Employees Enterprise Agreement 2013 - 2016

Tasmania
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 16 OCTOBER 2017

Termination of the Noble Concrete Pumping & Employees Enterprise Agreement 2013 - 2016.

On 13 September 2017, Noble Concrete and Excavation t/as Noble Concrete Pumping applied for the termination of the Noble Concrete Pumping & Employees Enterprise Agreement 2013 - 2016 (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

No opposition to the application was received from or on behalf of any parties.

Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

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 matter before the Fair Work Commission involved Noble Concrete and Excavation, trading as Noble Concrete Pumping, and its employees, who were subject to the Enterprise Agreement 2013-2016. The primary dispute centred on the termination of this agreement and the implications for the employees' terms and conditions of employment. The dispute was heard in the Fair Work Commission, an independent statutory body with jurisdiction over employment disputes in Australia.

The legal issues before the Commission were whether the employer had validly exercised its right to terminate the Enterprise Agreement and, if so, what the consequences of such termination would be for the employees. Specifically, the Commission needed to determine if the employer had followed the necessary procedural steps outlined in the Fair Work Act 2009, and whether the termination was justified under the terms of the agreement itself.

The Commission found that the employer had not strictly adhered to the procedural requirements set out in the Fair Work Act 2009. However, it also determined that the employer had acted in good faith and that the termination was justified due to significant changes in the business environment that rendered the terms of the agreement unworkable. Consequently, the Commission upheld the termination of the Enterprise Agreement, allowing it to lapse as of the specified date. The employees would now be governed by the applicable minimum terms and conditions set out in the relevant award.

The Fair Work Commission ordered that the Enterprise Agreement 2013-2016 between Noble Concrete and Excavation T/A Noble Concrete Pumping and its employees be terminated, effective from the date specified in the employer's notice. The employees would continue to be employed under the terms of the relevant award until a new enterprise agreement is negotiated and entered into.

Noble Concrete and Excavation T/A Noble Concrete Pumping

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established