Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure

[2016] FWCA 574

[2016] FWCA 574

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 T/A Downer Infrastructure
(AG2016/58)

DOWNER AUSTRALIA BROADMEADOW SUSTAINING OPERATIONS PROJECT UNION GREENFIELD AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 JANUARY 2016

Application for termination of the Downer Australia Broadmeadow Sustaining Operations Project Union Greenfield Agreement 2011 - 2015.

[1] On 15 January 2016 Downer EDI Engineering Power Pty Ltd T/A Downer Infrastructure filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Downer Australia Broadmeadow Sustaining Operations Project Union Greenfield Agreement 2011 - 2015 (“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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