Giovenco Industries (Aust) Pty Ltd

[2014] FWCA 8927

[2014] FWCA 8927

FAIR WORK COMMISSION

DECISION

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

Giovenco Industries (Aust) Pty Ltd
(AG2014/8270)

GIOVENCO INDUSTRIES (AUST) PTY LIMITED (CALTEX KURNELL REFINERY) ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 DECEMBER 2014

Application for termination of the Giovenco Industries (Aust) Pty Limited (Caltex Kurnell Refinery) Enterprise Agreement 2011-2014.

[1] On 21 November 2014, Giovenco Industries (Aust) Pty Ltd made an application to terminate the Giovenco Industries (Aust) Pty Limited (Caltex Kurnell Refinery) Enterprise Agreement 2011-2014 (the Agreement ) under s.225 of the Fair Work Act 2009 (the Act).

[2] The Agreement is past its nominal expiry date of 6 June 2014 and has been replaced by the Giovenco Industries (Aust) Pty Ltd Caltex Kurnell Terminal, Demolition and Decommissioning Works Enterprise Agreement 2014 (the 2014 Agreement).

[3] The application is supported by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Mining and Energy Union which are the organisations covered by the 2014 Agreement.

[4] I am satisfied that the requirements of s.220 are met.

[5] Accordingly, the Agreement is terminated from 11 December 2014.

DEPUTY PRESIDENT

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