Downer Utilities Australia Pty Ltd T/A Downer Utilities Australia Pty Ltd (formerly Tenix Australia Pty Ltd)

[2016] FWCA 6698

[2016] FWCA 6698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Downer Utilities Australia Pty Ltd T/A Downer Utilities Australia Pty Ltd (formerly Tenix Australia Pty Ltd)
(AG2016/5641)

Water, sewerage and drainage services
COMMISSIONER MCKENNA	SYDNEY, 16 SEPTEMBER 2016

Application for termination of the Tenix Australia Mackay and Whitsundays Enterprise Agreement 2013-2016.

[1] On 12 September 2016, Downer Utilities Australia Pty Ltd T/A Downer Utilities Australia Pty Ltd (formerly Tenix Australia Pty Ltd) (“the applicant”) made an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) for the termination of an enterprise agreement after its nominal expiry date, namely, the Tenix Australia Mackay and Whitsundays Enterprise Agreement 2013-2016 (AG2013/2924) (“the Agreement”).

[2] In proceedings on 15 September 2016, I advised the applicant’s representative that Commission correspondence would be provided to the applicant, inviting the views of an employee covered by the Agreement concerning the termination. I directed that the Commission’s correspondence be emailed by the applicant to the employee, inviting the employee to express any views by 2.00pm on 16 September 2016. No response to the Commission’s invitation has been received in chambers from the employee.

[3] The Agreement also relevantly covers The Australian Workers’ Union (“the AWU”), which did not appear when the matter was listed. Following the proceeding on 15 September 2016, I caused correspondence to be emailed to the AWU inviting it to also express its views concerning the termination by 2.00pm on 16 September 2016. No response to the Commission’s invitation has been received in chambers from the AWU.

[4] Based on the material and submissions before me, and taking into account the likely effect that the termination will have, I am satisfied it is not contrary to the public interest to terminate the Agreement and it is appropriate to do so.

[5] The termination comes into effect today.

COMMISSIONER

Appearances:

Ms L Gordon for the applicant.

Hearing details:

2016.

15 September;

Sydney.

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