Downer EDI Engineering Power Pty Ltd

[2016] FWCA 707

[2016] FWCA 707

DECISION

Fair Work Act 2009

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

Downer EDI Engineering Power Pty Ltd

(AG2016/122)

DOWNER AUSTRALIA GLADSTONE AREA ENTERPRISE

AGREEMENT 2011-2014

Building, metal and civil construction industries

SENIOR DEPUTY PRESIDENT RICHARDS BRISBANE, 5 FEBRUARY 2016

Application for termination of the Downer Australia Gladstone Area Enterprise Agreement

2011-2014.

[1]        On 25 January 2016 Downer EDI Engineering Power Pty Ltd filed an application

pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Downer Australia

Gladstone Area Enterprise Agreement 2011-2014 (“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

[2016] FWCA 707

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