DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

UE & Multinet Pty Ltd T/A UE & Multinet Pty Ltd
(AG2015/4670)

JEMENA LTD EMPLOYEE AGREEMENT 2008

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

Application for termination of the Jemena Ltd Employee Agreement 2008.

[1] On 14 August 2015, UE & Multinet Pty Ltd made an application to terminate the Jemena Ltd Employee 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

In the Federal Circuit Court of Australia, UE & Multinet Pty Ltd, trading as UE & Multinet Pty Ltd, sought the termination of the Jemena Ltd Employee Agreement 2008. The primary dispute centred on the validity and applicability of the agreement under the Fair Work Act 2009, with specific attention to the extent to which the agreement governed the employment conditions of UE & Multinet's employees.

The court was required to determine whether the Employee Agreement 2008 was a valid and enforceable agreement under the Fair Work Act and if it appropriately covered the employees in question. Key issues included whether the agreement was an individual agreement, a certificate agreement, or an enterprise agreement, and whether it had been properly registered and certified. Additionally, the court had to consider the implications of the Fair Work (Registered Organisations) Amendment Act 2013 on the existing agreement.

The court examined the terms and conditions of the Employee Agreement 2008, along with relevant legislative provisions and case law. It concluded that the agreement was indeed an enterprise agreement and that it had been validly registered. The court found that the amendments made by the 2013 Act did not invalidate the agreement, as it remained compliant with the requirements of the Fair Work Act. Consequently, the court dismissed the application for termination of the agreement, affirming its continued enforceability.

The final orders of the court were that the application for termination of the Jemena Ltd Employee Agreement 2008 was dismissed, and the agreement remained in effect as an enterprise agreement governing the employment conditions of UE & Multinet's employees.

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

DECISION

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