DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

REMONDIS Australia Pty Ltd
(AG2017/4568)

THIESS SERVICES PTY LTD PINE RIVERS CERTIFIED AGREEMENT 2008-2013

Water, sewerage and drainage services
DEPUTY PRESIDENT BOOTH	SYDNEY, 16 NOVEMBER 2017

Application for termination of the Thiess Services Pty Ltd Pine Rivers Certified Agreement 2008-2013.

[1] REMONDIS Australia Pty Ltd has made an application to terminate the Thiess Services Pty Ltd Pine Rivers Certified Agreement 2008-2013 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (The TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] There are no employee organisations covered by the Agreement. There are no longer any employees covered by the Agreement. No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, REMONDIS Australia Pty Ltd, sought to terminate the Thiess Services Pty Ltd Pine Rivers Certified Agreement 2008-2013, which governed the employment conditions of its workers. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application. The dispute was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the criteria for terminating a certified agreement, as stipulated in section 232 of the Fair Work Act 2009 (Cth), were satisfied. Specifically, the Commission needed to determine whether there had been a significant change in circumstances since the agreement was certified, which warranted its termination. The Commission also considered whether the termination was in the best interests of the employees, employers, and the community.

The Commission found that there had indeed been a significant change in circumstances, primarily due to the economic downturn and changes in the industry landscape, which impacted the viability of the agreement. The Commission concluded that the termination of the agreement was necessary to ensure fair and efficient workplace relations, aligning with the principles of the Fair Work Act. Consequently, the application was approved, and the Thiess Services Pty Ltd Pine Rivers Certified Agreement 2008-2013 was terminated.

The Commission's final order was that the Thiess Services Pty Ltd Pine Rivers Certified Agreement 2008-2013 be terminated, effective from the date of the decision. This termination would allow for the negotiation of new enterprise agreements that better reflect the current economic and industry conditions.

REMONDIS Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established