BSA Advanced Property Solutions (NSW & ACT) Pty Ltd

[2023] FWCA 346

[2023] FWCA 346

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

(AG2022/5370)

TRIPLE M MECHANICAL SERVICES NSW WORKSHOP ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 3 FEBRUARY 2023

Application for termination of the Triple M NSW Factory Enterprise Agreement 2015-2018

1. An application has been made to terminate the Triple M NSW Factory Enterprise Agreement 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).

1. 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 1 September 2018 has passed.

1. 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.

1. 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.

1. The termination will come into effect on 10 February 2023.

DEPUTY PRESIDENT

<AE419974 PR750214>