AMRS (Aust) Pty Ltd t/as Service Stream Energy and Water

[2015] FWCA 8503

[2015] FWCA 8503

FAIR WORK COMMISSION

DECISION

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

AMRS (Aust) Pty Ltd t/as Service Stream Energy and Water
(AG2015/6305)

AMRS/AWU NSW GAS FIELD OFFICERS AGREEMENT 2009

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 11 DECEMBER 2015

Application for termination of the AMRS/AWU NSW Gas Field Officers Agreement 2009.

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to section 225 of the Fair Work Act 2009 (the Act). The application was made by AMRS (Aust) Pty Ltd t/as Service Stream Energy and Water (the employer), and it was lodged on 26 November 2015 at Sydney.

[2] The application identified that the matter involved the proposed termination of an enterprise agreement known as the AMRS/AWU NSW Gas Field Officers Agreement 2009 (the Agreement).

[3] The application was listed for a Hearing in Chambers on 11 December 2015. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[4] The application included statutory declarations of Aiden Watkins and Jamie Gibbs bothField Officers for the employer dated 9 November 2015 and 23 November 2015 respectively. The statutory declarations state, inter alia, that: “After reviewing this agreement, we determined that employees on the agreement would be better off on the Gas Industry Award 2010…”

[5] In the absence of any opposition to the application. I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the application establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

[6] Consequently I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

[7] In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 11 December 2015. An Order [PR574867] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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<Price code A, AC323044  PR574866>