DECISION

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

UGL Operations & Maintenance Pty Ltd
(AG2017/4161)

UGL OPERATIONS & MAINTENANCE PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2014 - 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 28 SEPTEMBER 2017

Application for termination of the UGL Operations & Maintenance Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2014-2015.

[1] On 11 September 2017, UGL Operations and Maintenance Pty Limited made an application to terminate the UGL Operations & Maintenance Pty Ltd and CEPU Elctrical Division Queensland Enterprise Agreement 2014-2015 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Actand having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 28 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved UGL Operations & Maintenance Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2014-2015. The primary dispute centred on the application by UGL Operations & Maintenance Pty Ltd for the termination of the enterprise agreement. The case was heard by the Commission in its conciliation and arbitration jurisdiction.

The legal issues that the Commission needed to address included whether there were exceptional circumstances that justified the termination of the enterprise agreement. These circumstances had to be considered under section 233 of the Fair Work Act 2009. The Commission had to determine if the exceptional circumstances test had been met, which required a thorough analysis of the parties' submissions and the evidence presented.

In its decision, the Commission concluded that UGL Operations & Maintenance Pty Ltd had not established the existence of exceptional circumstances sufficient to warrant the termination of the enterprise agreement. The Commission found that while the parties had experienced difficulties in their negotiations, these did not reach the level of exceptional circumstances as defined by the legislation. Therefore, the application for termination was dismissed.

The Fair Work Commission ordered that the UGL Operations & Maintenance Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2014-2015 remain in effect. The parties were directed to continue with their negotiations in good faith, and the Commission encouraged the parties to seek resolution through further conciliation and arbitration processes.

UGL Operations & Maintenance 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