Downer EDI Mining Pty Ltd T/A Downer

[2019] FWCA 3604

[2019] FWCA 3604

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 T/A Downer
(AG2019/1692)

DOWNER EDI MINING BOGGABRI ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER CAMBRIDGE	SYDNEY, 3 JUNE 2019

Application for termination of the Downer EDI Mining Boggabri Enterprise Agreement 2017.

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to section 225 of the Fair Work Act 2009 (the Act). The application identified that the matter involved the proposed termination of an enterprise agreement known as the Downer EDI Mining Boggabri Enterprise Agreement 2017 (the Agreement).

[2] The application was lodged on 22 May 2019 at Sydney. The application was made by Downer EDI Mining Pty Ltd t/as Downer (the employer).

[3] The application was listed for a Hearing in Chambers on 3 June 2019. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[4] The application included Statutory Declaration of Chelsea Attreed,Industrial Relations Advisor dated 21 May 2019, and made on behalf of the employer (the declaration). The declaration provided evidence in support of the application. On the basis of the evidence contained in the declaration and the absence of any opposition to the application, I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the declaration establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

[5] Consequently I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

[6] In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 3 June 2019. An Order [PR708665] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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