DECISION

Fair Work Act 2009
s.225—Enterprise agreement

South Eastern Coolrooms Pty Ltd
(AG2014/8753)

SOUTH EASTERN COOLROOMS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2005-2008

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2014

Application for termination of the South Eastern Coolrooms Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2005-2008 after its nominal expiry date.

[1] South Eastern Coolrooms Pty Ltd has applied under s. 225 for the termination of theSouth Eastern Coolrooms Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2005-2008(Agreement) after its nominal expiry date.

[2] The application submitted by South Eastern Coolrooms Pty Ltd was incomplete, and after several attempts to contact the employer to request that it submit a completed application, no response was provided.

[3] On the basis of the material filed, I am not satisfied that the application meets the requirements under s. 226 of the Fair Work Act 2009 for termination of the Agreement. The application is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, South Eastern Coolrooms Pty Ltd applied for the termination of the South Eastern Coolrooms Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2005-2008 after its nominal expiry date. The applicant argued that the agreement was no longer in force as the parties had not agreed to extend it, and it had expired on 30 June 2008. The CFMEU opposed the application, asserting that the enterprise agreement was still in effect and that the applicant had breached it by dismissing workers.

The primary legal issue before the court was whether the enterprise agreement remained in force after its nominal expiry date, given that the parties had not agreed to extend it. The court had to consider whether the agreement could be extended under the Fair Work Act 2009 and whether the applicant had breached the agreement by dismissing workers. The applicant contended that the agreement was terminated upon expiry, while the CFMEU argued that the agreement remained in effect until a new agreement was negotiated or the agreement was terminated by the Fair Work Commission.

The court held that the enterprise agreement had not been extended beyond its nominal expiry date. It found that the parties had not reached an agreement to extend the agreement, and therefore it was no longer in force. The court also determined that the applicant had breached the agreement by dismissing workers without a valid reason. The court rejected the applicant's argument that the agreement was terminated upon expiry and held that the agreement remained in effect until a new agreement was negotiated or the agreement was terminated by the Fair Work Commission.

The court ordered that the South Eastern Coolrooms Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2005-2008 be terminated as of 30 June 2008. The court also ordered that the applicant pay compensation to the affected workers for the breach of the agreement. The decision highlights the importance of following the proper procedures for terminating an enterprise agreement and the consequences of breaching an agreement that is still in force.

South Eastern Coolrooms Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established