Downer EDI Engineering Power Pty Ltd & Downer EDI Engineering Electrical Pty Ltd

[2016] FWCA 1352

[2016] FWCA 1352

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; Downer

EDI Engineering Electrical Pty Ltd

(AG2016/351)

DOWNER ENGINEERING POWER PTY LTD AND DOWNER

ELECTRICAL PTY LTD MARYBOROUGH WORKSHOP

AGREEMENT 06-08

Building, metal and civil construction industries

SENIOR DEPUTY PRESIDENT RICHARDS BRISBANE, 9 MARCH 2016

Application for termination of the Downer Engineering Power Pty Ltd and Downer Electrical

Pty Ltd Maryborough Workshop Agreement 06-08.

[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

Ltd and Downer Electrical Pty Ltd Maryborough Workshop Agreement 06-08 (“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 1352

SENIOR DEPUTY PRESIDENT

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