George Weston Foods Ltd T/A Mauri anz

[2015] FWCA 5135

[2015] FWCA 5135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

George Weston Foods Ltd T/A Mauri anz
(AG2015/3388)

WESTON MILLING (GULGONG) ENTERPRISE AGREEMENT 2010

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 JULY 2015

Termination of the Weston Milling (Gulgong) Enterprise Agreement.

[1] On 22 July 2015, George Weston Foods Ltd T/A Mauri anz (the Applicant) made an application to terminate the Weston Milling (Gulgong) Enterprise Agreement 2010 [AE881569](the Agreement ) under s.225 of the Fair Work Act 2009 (the Act).

[2] The Agreement is past its nominal expiry date of 18 October 2012.

[3] In her Form F24C statutory declaration dated 20 July 2015, Ms Elyse Osbich, People and Performance Advisor for the Applicant, stated that the site is no longer in operation. It was decommissioned on 30 November 2011. The termination of the agreement will not have an effect on any individual or organization. Weston Milling (now Mauri anz) no longer owns the site in Gulgong and does not have any employees covered by the Agreement.

[4] The application is supported by the National Union of Workers which is an organisation covered by the Agreement.

[5] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.226 of the Act I must approve the termination of the Agreement.

[6] Accordingly, the application to terminate is approved and the termination will come into effect from 28 July 2015.

DEPUTY PRESIDENT

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<Price code A, AE881569  PR569889>