Downer EDI Engineering Power Pty Ltd
[2016] FWCA 1348
•9 March 2016
[2016] FWCA 1348
DECISION
| Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 |
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument
Downer EDI Engineering Power Pty Ltd T/A Downer Engineering
(AG2016/353)
DOWNER ENGINEERING POWER PTY LIMITED BP REFINERY
(BULWER ISLAND) COLLECTIVE AGREEMENT 2006
Building, metal and civil construction industries
| SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 9 MARCH 2016 |
Application for termination of the Downer Engineering Power Pty Limited BP Refinery
(Bulwer Island) Collective Agreement 2006.
[1] On 19 February 2016 Downer EDI Engineering Power Pty Ltd filed an application
pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009 (“the TPCA Act”) to terminate the Downer Engineering Power Pty
Limited BP Refinery (Bulwer Island) Collective Agreement 2006 (“the Agreement”).
[2] The Agreement is a collective agreement-based transitional instrument which has
passed its nominal expiry date.
[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-
4 of the Fair Work Act 2009 (“the FW Act”) applies to applications to terminate collective
agreement-based transitional instruments that have passed their nominal expiry date. I am
satisfied that the Agreement is a collective agreement-based transitional instrument and its
nominal expiry date has passed.
[4] In having regard to the requirements of s.226 of the FW 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
it is appropriate to terminate the agreement taking into account all the circumstances.
[5] In accordance with s.227 of the FW Act, the termination will come into effect from
today.
[2016] FWCA 1348
SENIOR DEPUTY PRESIDENT
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