Boom Logistics Limited

[2015] FWCA 2288

[2015] FWCA 2288

FAIR WORK COMMISSION

DECISION

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

Boom Logistics Limited
(AG2015/494)

BOOM LOGISTICS LIMITED PORT WARATAH COAL SERVICES KOORAGANG EXPANSION PROJECT AGREEMENT 2010-2013

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 MARCH 2015

Application for termination of the Boom Logistics Limited Port Waratah Coal Services Kooragang Expansion Project Agreement 2010-2013.

[1] On 9 March 2015, Boom Logistics Ltd (the Applicant) made an application to terminate the Boom Logistics Limited Port Waratah Coal Services Kooragang Expansion Project Agreement 2010-2013 [AE884209](the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] The Agreement is past its nominal expiry date of 1 September 2013.

[3] In his Form F24C statutory declaration dated 3 March 2015, Mr Tony Spassopoulos, East Coast Executive Manager for the Applicant, stated that the Agreement has expired and that the Applicant’s involvement in this project ceased several years ago. There are no employees covered by the Agreement.

[4] The application is supported by the Construction, Forestry, Mining and Energy Union which is an organisation covered by the Agreement.

[5] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.226 of the Act I must approve the termination of the Agreement.

[6] Accordingly, the application to terminate is approved and the termination will come into effect from 31 March 2015.

DEPUTY PRESIDENT

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<Price code A, AE884209  PR562706>