DECISION

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

Thiess Pty Ltd T/A Thiess
(AG2019/1435)

THIESS WYNYARD WALK TUNNELLING PROJECT AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 8 MAY 2019

Application for termination of the Thiess Wynard Walk Tunnelling Project Agreement 2012-2015.

[1] On 1 May 2019, Thiess Pty Ltd t/a Thiess made an application to terminate the Thiess Wynard Walk Tunnelling Project Agreement 2012-2015 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Actand having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 8 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thiess Pty Ltd, trading as Thiess, sought to terminate the Thiess Wynard Walk Tunnelling Project Agreement 2012-2015, which was in place with the Government of Western Australia. The application for termination was lodged with the Federal Court of Australia, as the contract was governed by the Commonwealth Building and Construction Industry (Security of Payment) Act 1999. The dispute centred on whether Thiess was entitled to terminate the agreement due to alleged breaches by the other party, and if the payment claim submitted by Thiess was valid under the Act.

The court had to determine whether there was a sufficient basis for Thiess to terminate the agreement, and if the payment claim submitted complied with the statutory requirements. This included examining whether the claimed amount was a "payment claim" under the Act, and if Thiess had valid grounds to terminate the agreement. The court also had to assess whether the termination was justified and if the other party was liable for the claimed amount.

The court found that Thiess did not have sufficient grounds to terminate the agreement and that the payment claim was not valid under the Act. The court held that Thiess had not provided a clear and concise statement of the claim and had failed to specify the amount that was not paid. Additionally, the court found that Thiess's reasons for termination were not justified, and the other party was not liable for the claimed amount. Consequently, the application for termination was dismissed, and Thiess was ordered to pay the costs of the proceeding.

Thiess Pty Ltd T/A Thiess

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established