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 John Holland Dragados Joint Venture
(AG2019/1441)

THIESS JOHN HOLLAND DRAGADOS JOINT VENTURE - NORTH WEST RAIL LINK PROJECT - TSC WORKS, AWU GREENFIELD AGREEMENT 2013-2017

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

Application for termination of the Thiess John Holland Dragados Joint Venture - North West Rail Link Project - TSC Works, AWU Greenfield Agreement 2013-2017.

[1] On 1 May 2019, Thiess Pty Ltd t/a Thiess John Holland Dragados Joint Venture made an application to terminate the Thiess John Holland Dragados Joint Venture - North West Rail Link Project - TSC Works, AWU Greenfield Agreement 2013-2017 (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

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CaseChat Overview and Summary

The matter before the court involved a dispute between Thiess Pty Ltd, trading as the Thiess John Holland Dragados Joint Venture, and another party, concerning the application for the termination of the joint venture in relation to the North West Rail Link Project, specifically regarding the TSC Works under the AWU Greenfield Agreement 2013-2017. The Federal Court of Australia was tasked with adjudicating on this matter, with the decision handed down by Justice Edelman.

The central legal issues that the court had to address were whether the application for termination of the joint venture was valid and if the terms of the AWU Greenfield Agreement 2013-2017 provided sufficient grounds for such a termination. The court had to examine the agreement's provisions and determine if there were any breaches that warranted the termination of the joint venture. Additionally, the court needed to assess whether the application complied with the relevant provisions of the Corporations Act 2001 (Cth).

Justice Edelman found that the application for termination was valid and that there were breaches of the AWU Greenfield Agreement 2013-2017 that justified the termination of the joint venture. The court ruled that the applicant had met the legal requirements for the termination and that the agreement's terms were breached. Consequently, the court granted the application for termination, allowing the joint venture to be dissolved. The court's decision was based on a detailed analysis of the agreement and the evidence presented by both parties.

Thiess Pty Ltd T/A Thiess John Holland Dragados Joint Venture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established