DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Site and Security and Traffic Control Pty
(AG2017/3331)

SITE SECURITY AND TRAFFIC CONTROL PTY / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 3 OCTOBER 2017

Application for termination of the Site Security and Traffic Control Pty / CFMEU Collective Agreement 2014 - 2017.

[1] On 7 August 2017, Site and Security and Traffic Control Pty (the Company) made an application pursuant to s.225 of the Fair Work Act (the Act) to terminate the Site Security and Traffic Control Pty / CFMEU Collective Agreement 2014 - 2017 (the Agreement). The Agreement has passed its nominal expiry date.

[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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Site and Security and Traffic Control Pty, a company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union. The matter was brought before the Fair Work Commission, which is responsible for resolving workplace disputes in Australia. The company sought to terminate the collective agreement governing employment conditions between the parties. The agreement was in effect for the period of 2014 to 2017.

The primary legal issues the commission had to address were whether there were just grounds for terminating the collective agreement and whether the process for doing so complied with the relevant provisions of the Fair Work Act 2009. The company argued that changes in the business environment necessitated a review of the existing agreement to remain competitive and viable. The union, on the other hand, maintained that the agreement should remain in force as it provided necessary protections for workers and had not been breached.

The commission found that the company did not provide sufficient evidence to justify terminating the agreement. It held that the changes proposed by the company did not constitute a significant change in the business environment that would warrant renegotiating the agreement. Furthermore, the commission determined that the process followed by the company to seek termination was not in accordance with the legislative requirements. Consequently, the application to terminate the collective agreement was dismissed. The existing agreement remained in effect, ensuring that the workers' protections and rights were upheld.

Site and Security and Traffic Control Pty

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established