Giovenco Industries (AUST) Pty Ltd T/A Giovenco Industries

[2016] FWCA 1771

[2016] FWCA 1771

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 T/A Giovenco Industries
(AG2016/614)

YARWUN 2 PROJECT WORKPLACE AGREEMENT GIOVENCO INDUSTRIES (AUST) PTY LTD AND AWU 2008-2013

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 MARCH 2016

Application for termination of the Yarwun 2 Project Workplace Agreement Giovenco Industries (Aust) Pty Ltd and AWU 2008-2013.

[1] On 17 March 2016, Giovenco Industries (AUST) Pty Ltd T/A Giovenco Industries (the Applicant) made an application to terminate the Yarwun 2 Project Workplace Agreement Giovenco Industries (Aust) Pty Ltd and AWU 2008-2013 [AC317362](the Agreement ) under s.225 of the Fair Work Act 2009 (the Act).

[2] The Agreement is past its nominal expiry date of 1 June 2014.

[3] In his Form F24C statutory declaration dated 17 March 2016, Mr Blake McManus, Group Human Resources Manager for the Applicant, stated that:

“The business does not operate on this site or location and has no intent of doing so in the future. This is a redundant agreement with no application to our works”

[4] The application is supported by the AWU 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 22 March 2016.

DEPUTY PRESIDENT

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<Price code A, AC317362  PR578202>