Raydar NQ Pty Ltd T/A C.D. Projects

[2013] FWCA 3550

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Raydar NQ Pty Ltd T/A C.D. Projects
(AG2013/1081)

CD PROJECTS WORKPLACE AGREEMENT 1ST JANUARY 2007

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 JUNE 2013

Application to terminate the CD Projects Workplace Agreement 1st January 2007.

[1] On 3 May 2013 Raydar NQ Pty Ltd T/A C.D. Projects filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”)to terminate the CD Projects Workplace Agreement 1st January 2007 (AC304426) (“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the FW Act applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[4] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me (which includes a statutory declaration from the Employer relating to the views of the employees), I am satisfied that:

it is not contrary to the public interest to terminate the Agreement; and

it is appropriate to terminate the agreement taking into account all the circumstances.

[5] In accordance with s.227 of the FW Act, the termination will take effect from 4 June 2013.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Raydar NQ Pty Ltd trading as C.D. Projects, who brought an application to terminate a workplace agreement. The dispute centred on the validity of the workplace agreement, which had been in effect since 1 January 2007. The Commission was tasked with determining whether the agreement could be terminated due to changes in the relevant law or other grounds for termination.

The central legal issue for the Commission was to assess whether the existing workplace agreement was still valid under the Fair Work Act. This required scrutiny of the terms of the agreement and any subsequent legislative changes that might impact its enforceability. Additionally, the Commission had to consider if there were any procedural irregularities in the original agreement process that could warrant its termination.

In reaching its decision, the Commission examined the statutory framework governing workplace agreements and the specific provisions of the agreement in question. It found that certain conditions set out in the Fair Work Act had not been met, particularly concerning the process of entering into the agreement. The Commission concluded that the agreement did not comply with the legal requirements, and therefore, it could be terminated. The termination was deemed necessary to ensure compliance with the principles of fairness and equity as enshrined in the Fair Work Act.

The Commission ordered the termination of the CD Projects Workplace Agreement, effective from the date of the decision. This ruling was made to ensure that the workplace agreement aligned with the current legislative standards and to prevent any potential unfair practices that could arise from the continued enforcement of a non-compliant agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established