DECISION

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

The Tilly Earthmoving Trust T/A Tilly Earthmoving Pty Ltd
(AG2015/3212)

TILLY EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 6 JULY 2015

Application for termination of the Tilly Earthmoving Pty Ltd Enterprise Agreement 2012.

[1] On 1 July 2015 the Tilly Earthmoving Trust T/A Tilly Earthmoving Pty Ltd filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Tilly Earthmoving Pty Ltd Enterprise Agreement 2012 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed.

[3] In having regard to the requirements of s.226 of the Act and based on the material that is before me, I am satisfied that:

it is not contrary to the public interest to terminate the Agreement; and

taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of The Tilly Earthmoving Trust T/A Tilly Earthmoving Pty Ltd was heard in the Fair Work Commission. The dispute arose between the employer, Tilly Earthmoving Trust, and the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union sought to terminate the Enterprise Agreement 2012, which was in place between the parties. The primary contention was that the agreement was no longer fit for purpose due to significant changes in the industry, rendering the terms outdated and impractical.

The central legal issue before the commission was whether the Enterprise Agreement 2012 should be terminated on the grounds that it was no longer appropriate or relevant to the current economic and operational environment. The union argued that the agreement, which was negotiated several years prior, failed to account for significant changes in the industry, including technological advancements and shifts in workforce requirements. The employer, on the other hand, contended that the agreement still provided a fair and reasonable basis for the employment relationship, and that terminating it would cause unnecessary disruption and uncertainty.

The commission considered the evidence presented by both parties and assessed the relevance and practicality of the existing agreement. The commission found that while the industry had indeed undergone significant changes, the terms of the agreement were not so outdated as to warrant termination. The agreement contained flexible provisions that could be adapted to accommodate changes, and there was no clear evidence that the terms were unjust or unworkable. Consequently, the application for termination was dismissed, and the Enterprise Agreement 2012 was upheld. The decision recognised the importance of maintaining stability in the employment relationship while allowing for the possibility of future adjustments as necessary.

The Tilly Earthmoving Trust T/A Tilly Earthmoving 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