Downer EDI Works Pty Ltd

[2020] FWCA 6678

[2020] FWCA 6678

FAIR WORK COMMISSION

DECISION

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

Downer EDI Works Pty Ltd
(AG2020/3781)

DOWNER EDI WORKS (TAMWORTH) ENTERPRISE AGREEMENT 2010

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 11 DECEMBER 2020

Application for termination of the Downer EDI Works (Tamworth) Enterprise Agreement 2010.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) by Downer EDI Works Pty Ltd (the Applicant) for approval to terminate the Downer EDI Works (Tamworth) Enterprise Agreement 2010 (the Agreement). The nominal expiry date of the Agreement is 4 April 2015.

[2] No employee organisation was involved in the making of the Agreement nor was any employee organisation bound to or a party to the Agreement.

[3] Sections 225 and 226 of the Act provide:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to FWA for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

226 When FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the agreement if:

(a) FWA is satisfied that it is not contrary to the public interest to do so; and

(b) FWA considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[4] Based on the material accompanying the application and the information provided to the Commission, I am satisfied that the requirements of s.226 have been met, and that it is appropriate to terminate the Agreement. I consider that is not contrary to the pubic interest to do so.

[5] Pursuant to s.226 of the Act, the Agreement is terminated.

DEPUTY PRESIDENT

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