Ark Construction Group Pty Ltd

[2016] FWCA 3317

[2016] FWCA 3317

FAIR WORK COMMISSION

DECISION

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

Ark Construction Group Pty Ltd
(AG2016/1029)

ARK CONSTRUCTION GROUP PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 MAY 2016

Application for termination of the Ark Construction Group Pty Ltd Enterprise Agreement 2012.

[1] On 28 April 2016 Ark Construction Group Pty Ltd filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Ark Construction Group Pty Ltd Enterprise Agreement 2012 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed. The employer filed a statutory declaration as a supporting document to the application to demonstrate seeking the views of employees under the Agreement.

[3] In having regard to the requirements of s.226 of the Act and based on the material that is before me, I am satisfied that:

● it is not contrary to the public interest to terminate the Agreement; and
● taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

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