Downer EDI Rail Pty Ltd

[2016] FWCA 4435

[2016] FWCA 4435

FAIR WORK COMMISSION

DECISION

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

Downer EDI Rail Pty Ltd
(AG2016/3704)

DOWNER EDI RAIL BATHURST FACILITY ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 JULY 2016

Application for termination of the Downer EDI Rail Bathurst Facility Enterprise Agreement 2012.

[1] On 30 June 2016 Downer EDI Rail Pty Ltd (Downer) lodged an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate an enterprise agreement after its nominal expiry date. The relevant agreement is the Downer EDI Rail Bathurst Facility Enterprise Agreement 2012 [AE895574].

[2] The nominal expiry date of the Agreement was 31 March 2016.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU) are employee organisations covered by the Agreement.

[4] In his Form F24C statutory declaration dated 30 June 2016, Mr David Wilson, Executive Manager HR NSW stated that no employees are engaged under this agreement and Downer EDI Rail Pty Ltd has closed the Bathurst site at Sydney Road, Kelso, NSW and the site has been sold.

[5] The application is supported by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and The Australian Workers’ Union which are the organisations covered by the Agreement.

[6] On the material before me I am satisfied that it is not contrary to the public interest, and that it is appropriate ain all of the circumstances to terminate the agreement. Therefore, pursuant to s.226 of the Act I must approve the termination of the Agreement

[7] Accordingly, the Agreement is terminated from 5 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE895574  PR582391>