Boom Logistics Ltd T/A Boom Logistics

[2018] FWCA 1249

[2018] FWCA 1249

FAIR WORK COMMISSION

decision

Fair Work Act 2009

Section 225 - Application for termination of an enterprise agreement after its nominal expiry date

Boom Logistics Ltd T/A Boom Logistics

(AG2018/229)

Boom Sherrin Drivers, Mechanical & Workshop Personnel - South Australia and Western Australia - Enterprise Agreement 2013 - 2016

Manufacturing and associated industries
Deputy President Anderson	ADELAIDE, 1 MARCH 2018

Application for termination of the Boom Sherrin Drivers, Mechanical & Workshop Personnel - South Australia and Western Australia - Enterprise Agreement 2013 - 2016

1. On 25 January 2018, Boom Logistics Ltd T/A Boom Logistics (Boom Logistics) made an application to terminate the Boom Sherrin Drivers, Mechanical & Workshop Personnel - South Australia and Western Australia - Enterprise Agreement 2013 - 2016 (the Agreement) under section 225 of the Fair Work Act 2009 (the FW Act).

1. This matter was the subject of a hearing on 1 March 2018 at which time I heard from Mr John Mitchell, Human Resources Manager, on behalf of Boom Logistics.

1. Boom Logistics is entitled to apply for the termination of the Agreement pursuant to section 225 of the FW Act.

1. I have considered the information provided in the application and by Mr John Mitchell pursuant to section 225 of the FW Act. This includes the Statutory Declarations of Brenton Salleh dated 25 January 2018 and 20 February 2018. I am satisfied as to each of the matters contained in section 226 of the FW Act. Accordingly, the Agreement is terminated.

1. The termination will come into effect from 1 March 2018. An Order to this effect will be issued.

DEPUTY PRESIDENT

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