Downer EDI Works Pty Ltd T/A Downer Australia

[2016] FWCA 4825

[2016] FWCA 4825

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 T/A Downer Australia
(AG2016/3947)

DOWNER AUSTRALIA REGIONAL QUEENSLAND CONSTRUCTION ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 JULY 2016

Application for termination of the Downer Australia Regional Queensland Construction Enterprise Agreement 2012.

[1] On 18 July 2016 Downer EDI Works Pty Ltd T/A Downer Australia filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Downer Australia Regional Queensland Construction Enterprise Agreement 2012 (“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 or employee organisations 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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