Downer EDI Engineering Power Pty Ltd

[2016] FWCA 524

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

(AG2016/62)

DOWNER EDI ENGINEERING MT ISA AREA WORKPLACE

AGREEMENT 2010 - 2012

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 27 JANUARY 2016

Application for termination of the Downer EDI Engineering Mt Isa Area Workplace

Agreement 2010 - 2012.

[1] On 15 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 Mt Isa Area Workplace Agreement 2010 - 2012 (“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 524

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd applied to the Fair Work Commission for the termination of the Downer EDI Engineering Mt Isa Area Workplace Agreement 2010-2012. The application was made under section 225 of the Fair Work Act 2009 after the nominal expiry date of the agreement had passed, and the employer had declared that there were no longer any employees covered by the agreement. Senior Deputy President Richards was tasked with determining the application. The central legal issues before the court were whether it was contrary to the public interest to terminate the agreement and whether it was appropriate to terminate the agreement in light of all the circumstances.

Senior Deputy President Richards concluded that the termination of the agreement was not contrary to the public interest and that, considering all the circumstances, it was appropriate to terminate the agreement. The decision was made based on the material presented to the court. The termination of the agreement was to come into effect immediately, in accordance with section 227 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established