Ugl Operations & Maintenance Pty Limited

[2022] FWCA 982

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Ugl Operations & Maintenance Pty Limited

(AG2022/136)

United Group Resources Pty Ltd Project Delivery and Asset Services Workplace Agreement 2009

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 18 MARCH 2022

Application for termination of the United Group Resources Pty Ltd Project Delivery and Asset Services Workplace Agreement 2009

An application has been made to terminate the United Group Resources Pty Ltd Project Delivery and Asset Services Workplace Agreement (the Agreement). The application was made pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act). It has been made by UGL Operations & Maintenance Pty Limited (the Applicant).

Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (the FW Act) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument, and that its nominal expiry date of 5 August 2014 has passed.

The Applicant has made a statutory declaration in support of their application, and it is noted that there are no current employees that are, or prospective employees that would be, covered by the Agreement.

On the basis of the information provided to me in the Application, and as set out above, I am satisfied that each of the requirements of s.226 as are relevant to this application for termination have been met.

In accordance with s.227 of the FW Act, the termination will come into effect on the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ugl Operations & Maintenance Pty Limited, which sought to terminate the United Group Resources Pty Ltd Project Delivery and Asset Services Workplace Agreement 2009. The dispute arose over the interpretation and application of the Fair Work Act 2009, specifically concerning the process and requirements for terminating an enterprise agreement.

The primary legal issue before the court was whether the proper procedures were followed by Ugl Operations & Maintenance Pty Limited when attempting to terminate the enterprise agreement. The court had to consider the specific steps and conditions outlined in the Fair Work Act for terminating such agreements, and whether the applicant had met these requirements.

The court found that Ugl Operations & Maintenance Pty Limited had not followed the necessary procedural steps to validly terminate the enterprise agreement. The court concluded that the termination notice provided was not in the required form and did not meet the statutory conditions for termination. As a result, the court determined that the termination was not legally effective. Consequently, the application for termination was dismissed, and the enterprise agreement remained in force.

The Fair Work Commission ordered that the termination of the enterprise agreement by Ugl Operations & Maintenance Pty Limited was not effective, and that the agreement remained in full force and effect. The court further ordered that Ugl Operations & Maintenance Pty Limited pay the costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established