MHPS Plant Services Pty Ltd

[2015] FWCA 2994

[2015] FWCA 2994

FAIR WORK COMMISSION

DECISION

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

MHPS Plant Services Pty Ltd
(AG2015/957)

CLYDE BABCOCK HITACHI (AUSTRALIA) PTY LTD YARWUN 3 MECHANICAL EXPANSION PROJECT CERTIFIED AGREEMENT 2005

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 18 MAY 2015

Application for termination of the Clyde Babcock Hitachi (Australia) Pty Ltd Yarwun 3 Mechanical Expansion Project Certified Agreement 2005.

[1] On 27 April 2015 MHPS Plant Services Pty Ltd filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Clyde Babcock Hitachi (Australia) Pty Ltd Yarwun 3 Mechanical Expansion Project Certified Agreement 2005 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed.

[3] In having regard to the requirements of s.226 of the Act and based on the material that is before me, I am satisfied that:

• it is not contrary to the public interest to terminate the Agreement; and



• taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

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