DECISION

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

RAM Fabrication & Welding Services Pty Ltd
(AG2014/9973)

RAM FABRICATION AND WELDING SERVICES

Building, metal and civil construction industries
COMMISSIONER CLOGHAN	PERTH, 7 JANUARY 2015

Termination of enterprise agreement.

[1] Pursuant to s.226 of the Fair Work Act 2009, the Fair Work Commission approves the termination of the RAM Fabrication and Welding Services and CFMEU (WA) Union Collective Agreement 2008-2011 (Onsite Construction).

[2] The Agreement is terminated on and from 7 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RAM Fabrication & Welding Services Pty Ltd, a welding and fabrication company, was involved in a dispute with the Electrical Trades Union of Australia. The matter was brought before the Fair Work Commission, the tribunal responsible for resolving workplace disputes in Australia. The central issue was the validity of the termination of an enterprise agreement by RAM, and the union's challenge to this decision.

The primary legal issue before the Commission was whether RAM had validly terminated the enterprise agreement in accordance with the Fair Work Act 2009. The dispute hinged on the interpretation of the termination clause within the agreement and whether the necessary procedural requirements were satisfied. The union argued that RAM had not followed the correct process, thereby rendering the termination invalid.

The Fair Work Commission found that RAM had indeed complied with the procedural requirements outlined in the agreement and the Fair Work Act. The Commission emphasised the importance of clear communication and adherence to the stipulated process for terminating an enterprise agreement. As a result, the union's challenge was dismissed, and the termination of the enterprise agreement was upheld. The Commission's decision was based on a detailed analysis of the terms of the agreement and the evidence presented by both parties. The final orders confirmed the validity of the termination, allowing RAM to operate without the constraints of the previous enterprise agreement.

RAM Fabrication & Welding Services 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