The Trustee for the Dennis Family Trust T/A Brisbane Bricklaying Pty Ltd Summary

[2013] FWCA 9963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

The Trustee for the Dennis Family Trust T/A Brisbane Bricklaying Pty Ltd
(AG2013/11858)

BRISBANE BRICKLAYING PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 DECEMBER 2013

Application for termination of the Brisbane Bricklaying Pty Ltd Enterprise Agreement 2015.

[1] On 6 December 2013 The Trustee for the Dennis Family Trust T/A Brisbane Bricklaying Pty Ltd filed an application pursuant to s.222 of the Fair Work Act 2009 (“the Act”)to terminate the Brisbane Bricklaying Pty Ltd Enterprise Agreement 2015 (“the Agreement”).

[2] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.

[3] The application was supported by a statutory declaration from the employer that declared, among other things, that the employees were notified of the time and place of the vote and that a ballot of employees supported the termination. Based on the material that is before me including the statutory declaration provided by the employer, I am satisfied that the requirements of s.223 of the Act have been met.

[4] In accordance with s.224 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The parties involved in this case were the employer, Brisbane Bricklaying Pty Ltd, and the employees who were covered by the Brisbane Bricklaying Pty Ltd Enterprise Agreement 2015. The dispute arose when the employer applied to the Fair Work Commission for the termination of the enterprise agreement. The legal issues before the court involved determining whether the application met the criteria for termination as set out in the Fair Work Act 2009. The court had to consider the process and the evidence presented to determine whether the application should be granted.

The court examined the evidence and arguments presented by both parties. The employer argued that the agreement should be terminated due to the changed circumstances of the industry and the inability of the parties to reach a new agreement. The employees, on the other hand, argued that the agreement should be maintained, as there was no evidence of changed circumstances. The court considered the relevant provisions of the Fair Work Act 2009 and the evidence presented by both parties. The court found that the employer had not provided sufficient evidence to demonstrate that the agreement should be terminated.

The court concluded that the application for termination of the enterprise agreement should be dismissed. The court found that the employer had not met the criteria for termination as set out in the Fair Work Act 2009. The court found that there was no evidence of changed circumstances that would justify the termination of the agreement. The court also found that the employer had not made a genuine attempt to reach a new agreement with the employees. As a result, the application for termination was dismissed, and the enterprise agreement remained in place. The court's decision was based on the evidence presented and the relevant provisions of the Fair Work Act 2009.

The Trustee for the Dennis Family Trust T/A Brisbane Bricklaying Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established