Firth Petroleum Pty Ltd ATF The Trustee for Firth Family Trust T/A Firth Petroleum Pty Ltd

[2010] FWA 9666

[2010] FWA 9666

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Firth Petroleum Pty Ltd ATF The Trustee for Firth Family Trust T/A Firth Petroleum Pty Ltd
(AG2009/24241)

COMMISSIONER GAY MELBOURNE, 14 DECEMBER 2010

Application for approval of the Firth Petroleum Enterprise Agreement 2009 - application dismissed.

[1] An application has been made for approval of a single-enterprise agreement known as the Firth Petroleum Enterprise Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Firth Petroleum Pty Ltd ATF The Trustee for Firth Family Trust T/A Firth Petroleum Pty Ltd.

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] Following examination of the documents filed, I spoke with the applicant’s representatives several times, seeking clarification on a number of issues contained within the Agreement. No response was received by Fair Work Australia.

[4] On 12 December 2010 my Associate telephoned the applicant’s representative inviting them to advise if it remained their desire for the Agreement to be approved and if so, that it would be necessary to address the issues raised.

[5] On 13 December 2010 an email was received in the Tribunal from the applicant’s representative advising that “...Firth Petroleum ceased the creation of their EBA earlier this year due to the fact that Mobil Oil sold all their retail business forcing us to close our business”.

[6] I have taken the representative’s email advice to this effect as confirming that the application is no longer pressed. The application is dismissed.

COMMISSIONER

 1   Item 2, Part 1, of Schedule 2.

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