BSA Advanced Property Solutions (NSW & ACT) Pty Ltd
[2023] FWCA 345
•3 FEBRUARY 2023
| [2023] FWCA 345 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date
BSA Advanced Property Solutions (NSW & ACT) Pty Ltd
(AG2022/5365)
"TRIPLE M" ON-SITE CONSTRUCTION HVAC WORKERS ENTERPRISE AGREEMENT FOR NSW 2015-2018
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 3 FEBRUARY 2023 |
Application for termination of the 'Triple M' On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015-2018
An application has been made to terminate the 'Triple M' On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015-2018 (the Agreement). The application was made pursuant to s225 of the Fair Work Act 2009 (Cth) (the Act). The Application has been made by BSA Advanced Property Solutions (NSW & ACT) Pty Ltd (the Applicant).
Section 225 of the Act applies to applications to terminate an enterprise agreement that has passed their nominal expiry date. I am satisfied that the Agreement is an enterprise agreement, and that its nominal expiry date of 31 October 2018 has passed.
The Applicant has made a statutory declaration in support of their application, and it is noted that there are no current employees that are covered by the Agreement.
On the basis of the information provided to me in the Application, and as set out above, I am satisfied that each of the requirements of s.226 of the Act as are relevant to this Application for termination have been met.
The termination will come into effect on 10 February 2023.
DEPUTY PRESIDENT
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