Downer EDI Engineering Power Pty Ltd

[2016] FWCA 708

[2016] FWCA 708

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 Power Pty Ltd
(AG2016/123)

DOWNER EDI ENGINEERING POWER PTY LTD BP REFINERY (BULWER ISLAND) ENTERPRISE AGREEMENT 2010-2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 5 FEBRUARY 2016

Application for termination of the Downer EDI Engineering Power Pty Ltd BP Refinery (Bulwer Island) Enterprise Agreement 2010 - 2013.

[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 EDI Engineering Power Pty Ltd BP Refinery (Bulwer Island) Enterprise Agreement 2010 - 2013 (“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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