Elizabeth Goodwin (formerly LeLaen)

[2022] FWC 2372

[2022] FWC 2372

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 19 - Declaration for unilateral termination with FWC approval to terminate individual agreement

Elizabeth Goodwin (formerly LeLaen)

(AG2022/3563)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 6 SEPTEMBER 2022

Application for termination of an Individual Transitional Employment Agreement made between Elizabeth Goodwin and Coal & Allied Mining Services Pty Ltd

1. Ms Elizabeth Goodwin (nee LeLaen) has made an application to terminate the Individual Transitional Employment Agreement[1] she made with her employer, Coal & Allied Mining Services Pty Ltd (Coal & Allied), and had lodged with the Workplace Authority on 4 July 2008 (Agreement).

1. The nominal expiry of the Agreement was 31 December 2009.

1. Following the filing of Ms Goodwin’s application to terminate the Agreement, I afforded Coal & Allied an opportunity to inform the Fair Work Commission of its position in relation to the application. On 5 September 2022, Coal & Allied informed the Commission that it consents to the termination of the Agreement.

1. On the basis of the material before the Commission, I am satisfied that Ms Goodwin has complied with item 19 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and termination of the Agreement is appropriate in all the circumstances.

1. Accordingly, I approve the termination of the Agreement. In accordance with item 19(5) of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, termination of the Agreement will take place on 5 December 2022, being the 90^th day after the date of this decision. An order [PR745555] giving effect to this decision will be issued today.

DEPUTY PRESIDENT

[1] Agreement number 089773309

Printed by authority of the Commonwealth Government Printer

<PR745554>