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

[2016] FWCA 5632

[2016] FWCA 5632

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)
(AG2016/4127)

TENIX AUSTRALIA WAGGA WAGGA AGREEMENT 2013 - 2016

Water, sewerage and drainage services
COMMISSIONER MCKENNA	SYDNEY, 11 AUGUST 2016

Application for termination of the Tenix Australia Wagga Wagga Agreement 2013 - 2016.

[1] On 3 August 2016, Downer Utilities Australia Pty Ltd T/A Downer Utilities (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 Wagga Wagga Agreement 2013 - 2016 (AG2013/1781) (“the Agreement”).

[2] In proceedings on 9 August 2016, I advised the applicant’s representative that Commission correspondence would be provided to the applicant concerning the application, inviting the views of the employees concerning the termination. I directed that the Commission’s correspondence be emailed by the applicant to its employees, inviting them to express their views by 2.00pm on 11 August 2016. No response to the Commission’s invitation has been received in chambers from any employee. There are no employee organisations covered by the agreement.

[3] 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.

[4] The termination comes into effect today.

COMMISSIONER

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