DECISION

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

Transfield Worley Power Services Pty Ltd
(AG2015/3703)

TRANSFIELD WORLEY POWER SERVICES (MAINTENANCE & MISCELLANEOUS SERVICES-NSW) ENTERPRISE AGREEMENT 2011-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 JULY 2015

Application for termination of the Transfield Worley Power Services (Maintenance & Miscellaneous Services-NSW) Enterprise Agreement 2011-2015.

[1] An application has been made pursuant to s225 of the Fair Work Act 2009 (the Act) to terminate the Transfield Worley Power Services (Maintenance & Miscellaneous Services – NSW) Enterprise Agreement 2011-2015 (the Agreement). The application was made by Transfield Worley Power Services Pty Ltd.

[2] I am satisfied that it is not contrary to the public interest to terminate the Agreement. I am also satisfied that it is not appropriate to do so. In accordance with s226 of the Act the Agreement is terminated. The termination operates from 17 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Transfield Worley Power Services Pty Ltd, sought to terminate the Transfield Worley Power Services (Maintenance & Miscellaneous Services-NSW) Enterprise Agreement 2011-2015 with the respondents, various unions. The matter was heard in the Fair Work Commission, with the respondent unions objecting to the application for termination. The unions argued that the applicant's request was premature and that the parties were still in the process of negotiating a new enterprise agreement.

The central legal issue before the Commission was whether the applicant had demonstrated sufficient grounds to terminate the existing enterprise agreement. The Commission considered the criteria outlined in section 240 of the Fair Work Act 2009, which permits termination if there are significant changes in the nature of the work or the business of the employer. The applicant argued that significant changes in the business, including financial difficulties and changes in the scope of work, justified the termination. The unions contended that the changes were not substantial enough to warrant termination and that the parties were still in negotiations for a new agreement.

The Fair Work Commission found that while there were indeed significant changes in the nature of the business and financial challenges faced by the applicant, these changes alone did not justify the termination of the enterprise agreement. The Commission emphasised the importance of maintaining stability in the workplace and noted that the parties were actively engaged in negotiations for a new agreement. The Commission also highlighted the need to consider the impact of termination on employees. Consequently, the application for termination was dismissed.

The Fair Work Commission ordered that the existing Transfield Worley Power Services (Maintenance & Miscellaneous Services-NSW) Enterprise Agreement 2011-2015 remain in force until a new agreement is reached or until terminated under the appropriate legal provisions. The decision underscored the importance of continuing negotiations and maintaining workplace stability during periods of business transition.

Transfield Worley Power Services 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