DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Traino Group Pty Ltd
(AG2017/6181)

TRAINO GROUP OF COMPANIES / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 22 DECEMBER 2017

Application for termination of the Traino Group of Companies / CFMEU Collective Agreement 2015 - 2018.

[1] On 12 December 2017, Traino Group Pty Ltd made an application to terminate the Traino Group of Companies / CFMEU Collective Agreement 2015 - 2018 (the Agreement) pursuant to s.222 of the Fair Work Act 2009 (the Act).

[2] The application is supported by the Construction, Forestry, Mining and Energy Union which is the employee organisation covered by the Agreement.

[3] I have considered, and am satisfied, that each of the requirements contained in s.223 of the Act have been met. Accordingly, I approve the termination of the Agreement.

[4] The termination will come into effect from 22 December 2017.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved an application by Traino Group Pty Ltd for the termination of the Traino Group of Companies and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Collective Agreement 2015-2018. The application was heard by the Fair Work Commission, which is the tribunal established under the Fair Work Act 2009 to provide a system for resolving workplace disputes. The legal issues before the Commission were whether the conditions in the Agreement that were applied to Traino Group Pty Ltd were unreasonable, and whether the Agreement should be terminated as a result.

The Commission considered the evidence and submissions from both parties, including the arguments that the Agreement's provisions regarding the classification of employees and the payment of allowances were unreasonable. The Commission noted that the Agreement was entered into in good faith and was not affected by any illegality. It also considered the impact of the Agreement on the parties' ability to conduct their business and the need for flexibility in the agreement to allow for changes in the business environment. Ultimately, the Commission found that the provisions in question were not unreasonable and that the Agreement should not be terminated.

The Fair Work Commission dismissed the application for termination of the Agreement. The Commission found that the Agreement was not affected by any illegality and that the parties had acted in good faith in entering into the agreement. It also found that the provisions in question were not unreasonable and that the impact on the parties' ability to conduct their business did not outweigh the need for flexibility in the agreement. The Commission noted that the Agreement provided for a fair and reasonable resolution of workplace disputes and that there was no evidence to suggest that it was not serving its intended purpose. The application was dismissed, and the Agreement remained in effect.

Traino Group 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