Quarry Solutions Pty Ltd Summary

[2022] FWCA 4468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Quarry Solutions Pty Ltd

(AG2022/4946)

Quarry Solutions Pty Ltd Enterprise Agreement 2017

Quarry industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 DECEMBER 2022

Application for termination of the Quarry Solutions Pty Ltd Enterprise Agreement 2017 after the nominal expiry date

Quarry Solutions Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) under s. 225 of the Fair Work Act 2009 (the Act) for the termination of the Quarry Solutions Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made on 25 November 2022. The Applicant is the Employer covered by the Agreement.

The Agreement was approved by the Commission on 26 October 2017 and commenced operation on 2 November 2017. The Agreement reached its nominal expiry date on 26 October 2021. The Form F24C Statutory Declaration filed in support of the application was made by Ms Peta Newton, Executive Director for the Applicant. I accept the matters declared by Ms Newton including that no employees are currently covered by the Agreement and that the Applicant does not currently have any active employees or intend to hire any new employees. I also accept that the termination of the Agreement will not impact any employee and is not contrary to the public interest.

Pursuant to s. 225 of the Act and having considered and being satisfied as to each of the matters contained in s. 226 of the Act, the Agreement is terminated.

The application does not specify a date upon which the termination of the Agreement is to take effect. Accordingly, the termination will come into effect from 16 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Quarry Solutions Pty Ltd applied to the Fair Work Commission for the termination of their 2017 enterprise agreement, which had reached its nominal expiry date. The applicant, Quarry Solutions Pty Ltd, is the employer under the agreement. The agreement was approved by the Commission on 26 October 2017 and commenced on 2 November 2017. It expired on 26 October 2021. Ms Peta Newton, Executive Director for the Applicant, filed a statutory declaration in support of the application. The declaration confirmed that no employees were currently covered by the agreement and that the applicant does not have any active employees or intend to hire any new employees. The declaration also confirmed that the termination of the agreement would not impact any employee and is not contrary to the public interest. The application for termination was made under s. 225 of the Fair Work Act 2009. The Deputy President considered and was satisfied as to each of the matters contained in s. 226 of the Act. Therefore, the agreement is terminated. The application did not specify a date for the termination to take effect, so the termination will come into effect from 16 December 2022. The Commission terminated the Quarry Solutions Pty Ltd Enterprise Agreement 2017, which had reached its nominal expiry date. The termination will come into effect from 16 December 2022.

Quarry Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established