DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

PTWORKS (NSW) Pty Ltd
(AG2018/845)

PTWORKS (NSW) PTY LTD / CFMEU ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 MARCH 2018

Application for termination of the PTWORKS (NSW) Pty Ltd / CFMEU Enterprise Agreement 2016-2018.

[1] On 6 March 2018, PTWORKS (NSW) Pty Ltd applied for the termination of the PTWORKS (NSW) Pty Ltd / CFMEU Enterprise Agreement 2016-2018 (the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

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

[3] In accordance with s.223 of the Act, the Fair Work Commission approves the termination of the PTWORKS (NSW) Pty Ltd / CFMEU Enterprise Agreement 2016-2018.

[4] The termination is effective on and from 13 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by PTWORKS (NSW) Pty Ltd to terminate the PTWORKS (NSW) Pty Ltd / CFMEU Enterprise Agreement 2016-2018. The dispute arose from disagreements between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) over the terms of the agreement and the employer's ability to meet the financial and operational obligations imposed by the agreement. The application was heard by the Fair Work Commission, which has jurisdiction to make decisions regarding enterprise agreements under the Fair Work Act 2009.

The central legal issue the Commission had to decide was whether the enterprise agreement could be terminated due to the employer's inability to meet its financial and operational obligations under the agreement. The employer argued that the agreement placed an undue financial burden on the business, impacting its ability to remain viable. The CFMEU, on the other hand, contended that the employer had not demonstrated that the agreement was the primary cause of its financial difficulties and that the employer had failed to make genuine efforts to address the underlying issues.

In evaluating the application, the Fair Work Commission considered the evidence presented by both parties and assessed whether the employer had met the criteria for termination of an enterprise agreement. The Commission found that the employer had not provided sufficient evidence to demonstrate that the agreement was the primary cause of its financial difficulties. Furthermore, the Commission noted that the employer had not made genuine efforts to address the underlying issues that were contributing to its financial situation. As a result, the Commission concluded that the application for termination of the enterprise agreement should be dismissed. The Commission emphasised that the agreement should not be terminated solely based on the employer's financial difficulties, but rather, the employer must demonstrate that the agreement itself is the primary cause of those difficulties.

PTWORKS (NSW) 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