Automated Innovation Pty Ltd

[2021] FWCA 3602

[2021] FWCA 3602

FAIR WORK COMMISSION

DECISION

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

Automated Innovation Pty Ltd
(AG2021/4717)

AUTOMATED INNOVATION PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 22 JUNE 2021

Application for termination of the Automated Innovation Pty Ltd Single Enterprise Agreement 2017.

[1] On 19 April 2021, Automated Innovation Pty Ltd (the Employer) made an application under s.225 of the Fair Work Act 2009 (the Act) to terminate the Automated Innovation Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The Agreement has passed its nominal expiry date.

[2] The application was supported by a statutory declaration from Mr Nathan Gill, Director of the Employment. Mr Gill declared that the conditions of employment would revert to those contained in the Electrical, Electronic and Communications Contracting Award 2020.

[3] On 5 May 2021, my Associate wrote to the Employer noting Mr Gill’s statutory declaration and seeking the views of the employees that remained covered by the Agreement. The Employer was directed to provide to the relevant employees a copy of the email from my Chambers inviting them to provide their views to Chambers.

[4] On 12 May 2021, the Employer forwarded to my Chambers a copy of the email sent on 6 May 2021 to each of the relevant employees. Each of those employees were invited to provide their views on the termination of the Agreement by 21 May 2021.

[5] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[6] The termination will come into effect from 29 June 2021.

COMMISSIONER

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