Creedence Contracting Pty Ltd

[2013] FWCA 7721

[2013] FWCA 7721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Creedence Contracting Pty Ltd
(AG2013/7539)

KARARA IRON ORE CONSTRUCTION PROJECT (MINE AND OTHER INFRASTRUCTURE) CREDENCE CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2011

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 OCTOBER 2013

Application for termination of the Karara Iron Ore Construction Project (Mine and other Infrastructure) Creedence Contracting Pty Ltd Enterprise Agreement 2011.

[1] Creedence Contracting Pty Ltd (the Applicant) made an application to terminate the Karara Iron Ore Construction Project (Mine and other Infrastructure) Creedence Contracting Pty Ltd Enterprise Agreement 2011 (the Agreement) under s.222 of the Fair Work Act 2009 (the FW Act).

[2] I held a conference on 5 August 2013 where it was established that no employee was covered by the Agreement since 30 September 2011. A statutory declaration was provided by the Managing Director of the Applicant company after the conference to confirm this. The Applicant company submits that it does not engage any employees under the Agreement and that it has no intention of doing so. Pursuant to s.222 of the FW Act and having considered each of the matters contained in s.223 FW Act, the Agreement is terminated.

[3] The application was not lodged within 14 days after the Agreement was terminated. Pursuant to s.222(3)(b) of the FW Act, I consider it fair to extend the time for making the application to the date of lodgement.

[4] The termination will come into effect from 15 October 2013.

DEPUTY PRESIDENT

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