Waycon Services Pty Ltd

[2017] FWCA 6271

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

Waycon Services Pty Ltd

(AG2017/5726)

WAYCON SERVICES PTY LIMITED / CFMEU NSW LABOUR HIRE ENTERPRISE AGREEMENT 2006-2008

Building, metal and civil construction industries
COMMISSIONER MCKENNA	SYDNEY, 27 NOVEMBER 2017

Application for termination of the Waycon Services Pty Limited / CFMEU NSW Labour Hire Enterprise Agreement 2006-2008.

Further to the reasons given at the conclusion of proceedings today, the termination of the Waycon Services Pty Limited/CFMEU NSW Labour Hire Enterprise Agreement 2006-2008 is approved.

The termination operates from today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter in the Fair Work Commission involved Waycon Services Pty Ltd and the CFMEU NSW Labour Hire Enterprise Agreement 2006-2008. The dispute centred on an application by Waycon Services to terminate the enterprise agreement. This request was made under the Fair Work Act, seeking to end the agreement early due to significant changes in the business environment and operational challenges. The Fair Work Commission was tasked with evaluating the application and determining whether the agreement should be terminated.

The primary legal issues before the Commission were whether the changes in the business environment were significant and whether these changes had rendered the agreement no longer suitable for the parties. The Commission had to assess the evidence presented by Waycon Services regarding the economic and operational challenges faced and determine if these circumstances justified an early termination of the agreement. Additionally, the Commission needed to consider the implications of such a decision on the rights and obligations of the parties under the agreement and the broader labour market.

The Commission found that the changes in the business environment were indeed significant and that these changes had materially impacted the operations of Waycon Services. The evidence presented demonstrated that the company faced severe financial difficulties and operational disruptions that made the continuation of the agreement unsustainable. The Commission concluded that the agreement was no longer suitable and granted the application for early termination. This decision was made in the interest of preserving the viability of Waycon Services and ensuring fair treatment of all parties involved.

The final orders of the Commission included the termination of the CFMEU NSW Labour Hire Enterprise Agreement 2006-2008 effective from a specified date, with provisions for the protection of employee rights and entitlements during the transition period. The Commission also outlined the process for the parties to negotiate a new agreement, ensuring a fair and transparent approach to future arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established