Boom Logistics Limited

[2015] FWCA 1183

[2015] FWCA 1183

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
(AG2015/180)

BOOM LOGISTICS LTD MORANBAH-DYSART ENTERPRISE AGREEMENT 2011 - 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 FEBRUARY 2015

Application for termination of the Boom Logistics Ltd Moranbah - Dysart Enterprise Agreement 2011 - 2014.

[1] On 2 February 2015 Boom Logistics Limited filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Boom Logistics Ltd Moranbah - Dysart Enterprise Agreement 2011 - 2014 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed.

[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 reaching this conclusion I have had regard to the views expressed by the Construction, Forestry, Mining and Energy Union (an employee organisation covered by the Agreement) opposing the termination of the Agreement. However I have concluded that where there are no employees covered by the expired Agreement (for the reasons declared by the employer) there is no impediment of substance to allowing the application.

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

SENIOR DEPUTY PRESIDENT

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