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
(AG2019/1434)

THIESS SEDGMAN JOINT VENTURE BOGGABRI MINE - COAL HANDLING AND PROCESSING PLANT PROJECT UNION COLLECTIVE GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 MAY 2019

Application for termination of the Thiess Sedgman Joint Venture Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfield Agreement 2013.

[1] On 1 May 2019, Thiess Pty Ltd made an application to terminate the Thiess Sedgman Joint Venture Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfield Agreement 2013 (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 15 May 2019.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were Thiess Pty Ltd trading as Thiess, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the termination of the Thiess Sedgman Joint Venture Boggabri Mine – Coal Handling and Processing Plant Project Union Collective Greenfield Agreement 2013. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues that the court needed to address were whether the agreement in question was a validly entered collective agreement and whether the termination of this agreement was lawful under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a "greenfield agreement" as defined in section 170CE of the Act and if the termination was in accordance with the provisions of the Act.

The court found that the agreement was indeed a validly entered collective agreement, and it met the criteria for being considered a "greenfield agreement". However, the court also determined that the termination of the agreement was not compliant with the requirements of the Fair Work Act 2009. The court concluded that the agreement should not be terminated as it was still in effect and binding on the parties. The court's decision was based on a detailed analysis of the provisions of the Act and the specific circumstances of the agreement in question.

The final orders of the court were that the application for termination of the Thiess Sedgman Joint Venture Boggabri Mine – Coal Handling and Processing Plant Project Union Collective Greenfield Agreement 2013 was dismissed. The agreement remained in force and effect, and the parties were required to abide by its terms until it was lawfully terminated in accordance with the Fair Work Act 2009.

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