Downer EDI Engineering Electrical Pty Ltd

[2016] FWCA 1337

[2016] FWCA 1337

FAIR WORK COMMISSION

DECISION

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

Downer EDI Engineering Electrical Pty Ltd
(AG2016/359)

DOWNER EDI ENGINEERING APLNG UPSTREAM GAS PROCESSING FACILITIES PROJECT GREENFIELDS AGREEMENT 2013 - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 MARCH 2016

Application for termination of the Downer EDI Engineering APLNG Upstream Gas Processing Facilities Project Greenfields Agreement 2013 - 2015.

[1] On 19 February 2016 Downer EDI Engineering Electrical Pty Ltd filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Downer EDI Engineering APLNG Upstream Gas Processing Facilities Project Greenfields Agreement 2013 - 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 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.

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

SENIOR DEPUTY PRESIDENT

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