DECISION

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

Pure Contracting Pty Ltd
(AG2017/5098)

PURE CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 NOVEMBER 2017

Application for termination of the Pure Contracting Pty Ltd / CFMEU Collective Agreement 2015 - 2018.

[1] In accordance with s.223 of the Fair Work Act, 2009 (the Act), the Fair Work Commission approves the termination of the Pure Contracting Pty Ltd / CFMEU Collective Agreement 2015 - 2018.

[2] The termination is effective on and from 13 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pure Contracting Pty Ltd was the applicant seeking termination of the Collective Agreement between itself and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2015-2018. The matter was heard in the Fair Work Commission (FWC). The applicant argued that changes in the economic environment and business operations warranted a review of the existing agreement to ensure it remained fair and reasonable. The CFMEU opposed the application, asserting that the agreement was still valid and that there were no grounds for termination.

The central legal issue before the FWC was whether the application for termination was justified under the relevant provisions of the Fair Work Act 2009. Specifically, the FWC needed to consider whether the changes in economic circumstances and business operations were significant enough to warrant termination of the agreement and whether the existing agreement remained fair and reasonable. The FWC also had to determine if the application met the criteria for termination as prescribed in the Act.

In delivering its decision, the FWC considered the evidence presented by both parties regarding the changes in economic conditions and business operations. The FWC found that while there had been some changes in the economic environment, these changes did not significantly impact the fairness and reasonableness of the existing agreement. The FWC also noted that the agreement contained provisions that allowed for flexibility and adaptation to changing circumstances, which were not fully utilised by the applicant. Consequently, the FWC dismissed the application for termination, ruling that the Collective Agreement between Pure Contracting Pty Ltd and the CFMEU for the period 2015-2018 should remain in effect.

Pure Contracting 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