DECISION

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

Resource Pacific Pty Limited T/A Ravensworth Underground Mine
(AG2015/1017)

RAVENSWORTH UNDERGROUND MINE ENTERPRISE AGREEMENT 2010

[AE881849]

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 15 MAY 2015

Application for termination of the Ravensworth Underground Mine Enterprise Agreement 2010.

[1] On 4 May 2015, Resource Pacific Pty Limited T/A Ravensworth Underground Mine made an application to terminate the Ravensworth Underground Mine Enterprise Agreement 2010 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Resource Pacific Pty Limited, trading as Ravensworth Underground Mine, applied to the Fair Work Commission to terminate the Ravensworth Underground Mine Enterprise Agreement 2010. The applicant sought to do so due to significant financial difficulties impacting its ability to continue operations. The applicant argued that the financial strain necessitated changes to the enterprise agreement, which the existing agreement did not allow for in a manner that would be economically viable.

The primary legal issues before the court were whether the applicant could establish the necessary preconditions for termination under section 241 of the Fair Work Act 2009 and whether the termination would be in the public interest. The court had to determine whether the applicant could demonstrate that the agreement had become unworkable due to the financial hardship and that there were no other viable alternatives available to the applicant that would allow it to continue operating without incurring significant financial losses.

The Fair Work Commission found that the applicant had indeed established the necessary preconditions for termination. The financial hardship was severe and ongoing, and there were no reasonable alternatives available to the applicant that would enable it to continue operating without incurring significant financial losses. The Commission also found that the termination was in the public interest, considering the broader economic implications of the applicant's continued operation versus its potential collapse. Consequently, the Commission terminated the enterprise agreement.

The Fair Work Commission ordered that the Ravensworth Underground Mine Enterprise Agreement 2010 be terminated, effective from the date of the decision. The termination allowed the applicant to implement the necessary changes to its operations and financial structure without the constraints of the existing enterprise agreement.

Resource Pacific Pty Limited T/A Ravensworth Underground Mine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established