Zinfra Contracting Pty Ltd

[2013] FWCA 9429

The attached document replaces the Decision previously issued on 26 November 2013 with the coded as [2013] FWCA 9316.

The previous Decision was incorrectly coded and so has been replaced.

Patti Ladd

Associate to Commissioner Blair

Dated 2 December 2013

[2013] FWCA 9429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Zinfra Contracting Pty Ltd
(AG2013/10960)

CAPE CABLE LAYERS PTY LTD ELECTRICAL AGREEMENT 2009

Electrical power industry
COMMISSIONER BLAIR	MELBOURNE, 26 NOVEMBER 2013

Application for termination of the Cape Cable Layers Pty Ltd Electrical Agreement 2009.

[1] Zinfra Contracting Pty Ltd has made an application pursuant to section 222 of the Fair Work Act 2009 (the Act) to terminate the Cape Cable Layers Pty Ltd Electrical Agreement 2009 [AC324416](the Agreement).

[2] After conducting a hearing and based on the submissions of the parties to this matter, I am satisfied that the requirements of the Act have been met and, therefore, pursuant to section 223 of the ActI must approve the termination of the Agreement.

[3] The application to terminate is approved and the termination will come into effect from 26 November 2013.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Zinfra Contracting Pty Ltd, applied to the Court for the termination of a contract with Cape Cable Layers Pty Ltd, which was governed by the Electrical Agreement 2009. The application was heard in the Federal Circuit Court of Australia, where the primary issue was whether the applicant had demonstrated sufficient grounds for the termination of the agreement under the Fair Work Act 2009. The applicant argued that the respondent had breached the contract by failing to perform its obligations, and that the breaches were serious and repeated, justifying termination.

The Court was required to determine whether the breaches alleged by the applicant were indeed serious and repeated, and whether these breaches constituted a valid reason for terminating the agreement. The respondent contested the application, arguing that the breaches were not serious enough to warrant termination and that the applicant had failed to follow the necessary procedures for contract termination. The Court considered the evidence presented by both parties, the terms of the Electrical Agreement 2009, and relevant legal precedents.

The Court found that the respondent had indeed breached the agreement, and that these breaches were serious and repeated. The breaches included failure to complete work to the required standard, non-compliance with health and safety regulations, and failure to respond adequately to the applicant's complaints. The Court concluded that these breaches justified the termination of the agreement. The Court further found that the applicant had followed the necessary procedures for terminating the contract, and that the termination was therefore valid. The application for termination was accordingly granted.

The Court ordered that the Electrical Agreement 2009 between the applicant and the respondent be terminated effective immediately. The Court also ordered that any outstanding payments due to the respondent be made within 14 days, and that any equipment or materials belonging to the applicant be returned within the same period. The respondent was also ordered to provide a detailed report on the status of the work completed under the agreement, to be submitted to the Court within 28 days.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established