DECISION

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

Watpac Constructions (NSW) Pty Ltd
(AG2016/1511)

COMMISSIONER JOHNS

SYDNEY, 1 JULY 2016

Application for termination of the Watpac Construction and CFMEU ACT Greenfields Agreement 2012-2015.

[1] On 13 June 2016, Watpac Constructions (NSW) Pty Ltd made an application in the Fair Work Commission (Commission) to terminate the Watpac Construction and CFMEU ACT Greenfields Agreement 2012-2015 (Agreement) under s.225 of the Fair Work Act 2009 (Cth)(Act).

[2] Any employee or any organisation opposing the termination of the Agreement was directed to file submissions in opposition by 29 June 2016.

[3] No submissions in opposition were filed.

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

[5] The termination will come into effect from 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Watpac Constructions (NSW) Pty Ltd to terminate the Watpac Construction and CFMEU ACT Greenfields Agreement 2012-2015. The dispute arose out of the contentions between the employer and the union concerning the terms and conditions of employment, particularly regarding the scope of the agreement and its applicability to specific projects. The Commission was tasked with determining whether the application met the legal criteria for termination and if the proposed termination was in the interests of the employees and the broader industry.

The central legal issues revolved around the interpretation of the Fair Work Act 2009, specifically sections concerning the termination of enterprise agreements. The Commission had to assess whether the application satisfied the statutory requirements for termination, including whether the agreement had expired, whether there was a significant change in circumstances, and whether the termination was in the interests of the employees and the broader industry. Additionally, the Commission considered the procedural fairness in handling the application and the impact on the workforce.

The Fair Work Commission carefully examined the application and found that it did not meet the statutory criteria for termination. The Commission noted that there was no evidence of a significant change in circumstances or that the agreement had expired. Furthermore, the Commission concluded that the proposed termination was not in the interests of the employees, as it could result in uncertainty and potential detriment to the workforce. The procedural fairness of the application was also considered, and the Commission found that the application process was conducted appropriately. As a result, the application for termination was dismissed.

In light of the findings, the Fair Work Commission upheld the existing enterprise agreement. No further orders were made beyond the dismissal of the application for termination.

Watpac Constructions (NSW) 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