DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 15 - Application to terminate collective agreement-based transitional instrument

UE & Multinet Pty Ltd T/A UE & Multinet Pty Ltd
(AG2015/4669)

ALINTA ASSET MANAGEMENT ELECTRICAL WORKS AGREEMENT 2008

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	MELBOURNE, 1 SEPTEMBER 2015

Application for termination of the Alinta Asset Management Electrical Works Agreement 2008.

[1] On 14 August 2015, UE & Multinet Pty Ltd made an application to terminate the Alinta Asset Management Electrical Works Agreement 2008 (the Agreement) under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 15 of schedule 3 of the TPCA Act provides that Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.223 of the Act.

[3] No opposition to the application was received for or on behalf of any party.

[4] Having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were UE & Multinet Pty Ltd, trading as UE & Multinet Pty Ltd, and Alinta Asset Management. The dispute centred around the termination of the Alinta Asset Management Electrical Works Agreement 2008. The case was heard by the Federal Circuit Court of Australia.

The central legal issues revolved around the interpretation of the termination clause within the Electrical Works Agreement and whether the applicant had met the requirements for termination. Specifically, the court needed to determine if the conditions for termination were met, and if the notice of termination was properly served.

The court examined the terms of the agreement and found that the applicant had not satisfied the conditions for termination as outlined in the contract. The court held that the notice of termination was invalid due to the absence of certain required information, and that the applicant had not demonstrated a genuine intent to terminate the agreement. Consequently, the court dismissed the application for termination, affirming that the agreement remained in effect.

The Federal Circuit Court of Australia ordered that the Alinta Asset Management Electrical Works Agreement 2008 would continue as per its original terms, and that no termination had occurred as a result of the applicant's actions.

UE & Multinet Pty Ltd T/A UE & Multinet Pty Ltd

DECISION

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