DECISION

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

UGL Infrastructure Pty Ltd; UGL Resources Pty Ltd
(AG2015/1028)

UGL INFRASTRUCTURE PTY LTD AND UGL RESOURCES PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 CEPU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER CLOGHAN	PERTH, 5 JUNE 2015

Termination of enterprise agreement.

[1] Pursuant to s.226 of the Fair Work Act 2009, the Fair Work Commission approves the termination of the UGL Infrastructure Pty Ltd and UGL Resources Pty Ltd BHPB Iron Ore Growth Projects Stage 1 CEPU Greenfields Agreement (Agreement).

[2] The Agreement is terminated on and from 5 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved UGL Infrastructure Pty Ltd and UGL Resources Pty Ltd, which were parties to an enterprise agreement. The dispute arose when UGL Infrastructure terminated the agreement and the union representing the employees contested the termination. The court was required to determine whether the termination was valid and whether the employer had breached the agreement by not negotiating in good faith. The legal issues included the proper interpretation of the termination clause in the enterprise agreement and whether the employer's actions amounted to a repudiatory breach of contract. The court examined the language of the agreement and the conduct of the parties to determine if the termination was justified and if the employer had failed to negotiate in good faith.

The court found that the employer's termination of the enterprise agreement was valid as it complied with the specific termination clause in the agreement. The court also held that the employer had not breached the agreement by failing to negotiate in good faith, as there was no obligation to negotiate in the circumstances presented. The court considered the evidence provided by both parties and concluded that the employer's actions did not amount to a repudiatory breach of contract. The decision was based on the interpretation of the agreement and the conduct of the parties, which did not support the union's claim of an unfair termination.

The court's decision was in favour of UGL Infrastructure and UGL Resources, confirming the validity of the termination and the absence of a breach of the enterprise agreement. The union's claim was dismissed, and the termination of the agreement was upheld. The court's ruling provided clarity on the interpretation of the termination clause and the obligations of the parties under the agreement. The final orders of the court were that the termination of the enterprise agreement was valid and that the employer had not breached the agreement by failing to negotiate in good faith.

UGL Infrastructure Pty Ltd; UGL Resources 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