Downer EDI Mining Pty Ltd

[2014] FWCA 7296

[2014] FWCA 7296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Downer EDI Mining Pty Ltd
(AG2014/7443)

DOWNER EDI MINING NORWICH PARK ENTERPRISE AGREEMENT 2011

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 15 OCTOBER 2014

Application for termination of the Downer EDI Mining Norwich Park Enterprise Agreement 2011.

[1] On 9 September 2014, Downer EDI Mining Pty Ltd (the Applicant) made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Downer EDI Mining Norwich Park Enterprise Agreement 2011 (the Agreement).

[2] The application is supported by a Statutory Declaration made by Hilton Hurst, Executive General Manager - Human Resources, stating that the mine has closed and the employer no longer has employees employed at the mine.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU) is covered by the Agreement. Directions were issued requiring the CFMEU to file a response to the application, and if necessary, submissions in relation to the matters set out in s.226 of the Act. No response was received from the CFMEU.

[4] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from 15 October 2013.

DEPUTY PRESIDENT

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