Boom Logistics Ltd T/A Boom Logistics

[2016] FWCA 894

[2016] FWCA 894

FAIR WORK COMMISSION

DECISION

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

Boom Logistics Ltd T/A Boom Logistics
(AG2016/177)

BOOM LOGISTICS LTD SOUTHERN QLD PERSONNEL ENTERPRISE AGREEMENT 2012 - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 FEBRUARY 2016

Application for termination of the Boom Logistics Ltd Southern Qld Personnel Enterprise Agreement 2012-2015.

[1] On 1 February 2016 Boom Logistics Ltd T/A Boom Logistics filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Boom Logistics Ltd Southern Qld Personnel Enterprise Agreement 2012-2015 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed. The employer has declared that there are no longer any employees covered by the Agreement.

[3] In accordance with s.226(b)(i), correspondence was sent to the Construction, Forestry, Mining and Energy Union (an employee organisation covered by the Agreement) seeking its views on the application. The union did not raise any issue or make any submission.

[4] 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.

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

SENIOR DEPUTY PRESIDENT

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