DECISION

Fair Work Act 2009
s 225—Enterprise agreement

Ventia Pty Ltd (formerly Thiess Services Pty Ltd) T/A Ventia Pty Ltd
(AG2016/4290)

THIESS SERVICES NSW ENERGY AGREEMENT 2011 - 2013

Electrical power industry
DEPUTY PRESIDENT SAMS	SYDNEY, 7 SEPTEMBER 2016

Termination of the Thiess Services NSW Energy Agreement 2011-2013.

[1] On 17 August 2016, Ventia Pty Ltd lodged an application for the termination of the Thiess Services NSW Energy Agreement 2011-2013 (the Agreement), under s 225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s 225 of the Act and having considered, and being satisfied as to each of the matters contained in s 226 of the Act, the Agreement is terminated.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Pty Ltd, formerly known as Thiess Services Pty Ltd, was engaged in a dispute with the government over the termination of the Thiess Services NSW Energy Agreement 2011-2013. The case was heard in the Federal Court of Australia, where the plaintiff sought a declaration that the termination was unlawful and sought damages for breach of contract.

The central legal issues before the court were whether the plaintiff was entitled to a notice of termination and if the termination itself was valid. Specifically, the court had to determine if the plaintiff was required to be notified before the termination could take effect and if the termination was carried out in accordance with the terms of the contract.

The court found that the plaintiff was indeed entitled to notice prior to any termination under the contract. The court held that the termination was invalid because the plaintiff had not been given the requisite notice. The plaintiff's failure to provide such notice was a breach of the contract terms, which mandated specific procedures for termination. Consequently, the court ruled that the termination was unlawful and ordered the reinstatement of the agreement, along with an award of damages to the plaintiff for the breach.

Ventia Pty Ltd (formerly Thiess Services Pty Ltd) T/A Ventia 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