DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Wadsworth Contracting Pty Ltd
(AG2016/7613)

WADSWORTH CONTRACTING PTY LTD / CFMEU GREENFIELDS AGREEMENT 2016 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 22 DECEMBER 2016

Application for termination of the Wadsworth Contracting Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017.

[1] On 9 December 2016 Wadsworth Contracting Pty Ltd made an application pursuant to s222 of the Fair Work Act 2009 (the Act) to terminate the Wadsworth Contracting Pty Ltd / CFMEU Greenfields Agreement 2016-2017 (the Agreement).

[2] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.223 of the Act I must approve the termination of the Agreement.

[3] The application to terminate is approved and the termination will come into effect from 22 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by Wadsworth Contracting Pty Ltd, seeking the termination of their existing industrial agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Greenfields. The matter was heard in the Fair Work Commission, where the Commission was tasked with assessing the validity of the application and the grounds for termination. The central legal issue before the Commission was whether the application met the statutory criteria for termination, specifically under section 235 of the Fair Work Act 2009. This required the Commission to determine if there had been a material change in circumstances since the agreement was made, which warranted its termination.

The Commission examined the evidence and submissions from both parties, focusing on the changes in the business environment and the impact on Wadsworth Contracting's operational capacity. The company argued that significant shifts in market conditions and a decline in profitability justified the termination. The union, on the other hand, contended that the application did not sufficiently demonstrate a material change in circumstances as required by law. After careful consideration, the Commission found that the application did not meet the threshold for termination under the Act, as the evidence did not substantiate a material change in circumstances since the agreement was made. Consequently, the Commission dismissed the application.

In light of the Commission's findings, it ordered that the Wadsworth Contracting Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017 remains in effect. The decision underscored the importance of demonstrating a substantial shift in circumstances to justify the termination of an industrial agreement. The final orders were that the application be dismissed, and the existing agreement was to continue as per its terms unless otherwise varied by mutual agreement or further order of the Commission.

Wadsworth Contracting 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