Downer EDI Engineering Power Pty Ltd

[2016] FWCA 1343

[2016] FWCA 1343

The attached document replaces the document previously issued with the above code on 9 March 2016

The decision was updated to include the correct name of the agreement in paragraph 1.

Brendan Pearce

Associate to Senior Deputy Richards

Dated 10 March 2016

[2016] FWCA 1343

FAIR WORK COMMISSION

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
(AG2016/363)

DOWNER EDI ENGINEERING POWER PTY LTD CEMENT AUSTRALIA (CEMENT MILL NO 2) PROJECT AGREEMENT 2008-2009

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

Application for termination of the Downer EDI Engineering Power Pty Ltd Cement Australia (Cement Mill No 2) Project Agreement 2008-2009.

[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 EDI ENGINEERING POWER PTY LTD CEMENT AUSTRALIA (CEMENT MILL NO 2) PROJECT AGREEMENT 2008-2009 (“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.

SENIOR DEPUTY PRESIDENT

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