Redpath Contract Services Pty Ltd Summary

[2023] FWCA 281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Redpath Contract Services Pty Ltd

(AG2022/5199)

REDPATH CONTRACT SERVICES ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 JANUARY 2023

Application for termination of the Redpath Contract Services Enterprise Agreement 2017 after its nominal expiry date

Redpath Contract Services Pty Ltd (the Applicant) applied to the Fair Work Commission (the Commission) under s. 225 of the Fair Work Act 2009 (the Act) for the termination of the Redpath Contract Services Enterprise Agreement 2017 (the Agreement). The application was made on 12 December 2022. The Applicant is the Employer covered by the Agreement.

The Agreement was approved by the Commission on 17 November 2017 and commenced operation on 24 November 2017. The Agreement reached its nominal expiry date on 16 November 2021. The Form F24C Statutory Declaration filed in support of the application was made by Mr Gavin Ramage, Managing Director for the Applicant. I accept the matters declared by Mr Ramage including that the Agreement does not currently cover any employees of the Applicant and that the Applicant’s employees, who were previously covered by the Agreement, are now covered by new enterprise agreements. I also accept that the Applicant does not intend to hire any new employees under the Agreement. I am therefore satisfied that the Agreement does not, and is not likely to, cover any employees.

Having considered and reached the requisite satisfaction as to the matters set out in s. 226 of the Act as are relevant to this application, I must accordingly terminate the Agreement pursuant to s. 226(1) of the Act.

The application does not specify a date upon which the termination of the Agreement is to take effect. Pursuant to s. 227 of the Act, the termination will operate from 27 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Redpath Contract Services Pty Ltd applied to the Fair Work Commission for the termination of the Redpath Contract Services Enterprise Agreement 2017 (the Agreement), which was approved on 17 November 2017 and commenced on 24 November 2017. The Agreement reached its nominal expiry date on 16 November 2021. The application was made under s. 225 of the Fair Work Act 2009, seeking to terminate the Agreement after its nominal expiry date. The application was supported by a statutory declaration from Mr. Gavin Ramage, the Managing Director of Redpath Contract Services, which stated that the Agreement no longer covered any employees and that new enterprise agreements now covered the Applicant's employees. The Applicant also stated that it had no intention of hiring any new employees under the Agreement.

The legal issues before the Fair Work Commission included whether the Agreement could be terminated after its nominal expiry date and whether the conditions set out in s. 226 of the Act were satisfied. The Commission had to consider whether the Agreement no longer covered any employees and whether the Applicant did not intend to hire any new employees under the Agreement. The Commission also had to consider whether the termination of the Agreement would be in the best interests of the employees who were previously covered by the Agreement.

The Fair Work Commission found that the conditions set out in s. 226 of the Act were satisfied, and the Agreement could be terminated after its nominal expiry date. The Commission accepted the declaration made by Mr. Ramage, which stated that the Agreement no longer covered any employees and that the Applicant did not intend to hire any new employees under the Agreement. The Commission also found that the termination of the Agreement would be in the best interests of the employees who were previously covered by the Agreement.

The Fair Work Commission terminated the Redpath Contract Services Enterprise Agreement 2017 pursuant to s. 226(1) of the Act. The termination operated from 27 January 2023, as per s. 227 of the Act. The application did not specify a date upon which the termination of the Agreement was to take effect.

Redpath Contract Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established