Redpath Contract Services Pty Ltd
[2023] FWCA 281
•27 JANUARY 2023
| [2023] FWCA 281 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
Redpath Contract Services Pty Ltd
(AG2022/5199)
REDPATH CONTRACT SERVICES ENTERPRISE AGREEMENT 2017
| Mining industry | |
| DEPUTY PRESIDENT ASBURY | BRISBANE, 27 JANUARY 2023 |
Application for termination of the Redpath Contract Services Enterprise Agreement 2017 after its nominal expiry date
Redpath Contract Services Pty Ltd (the Applicant) applied to the Fair Work Commission (the Commission) under s. 225 of the Fair Work Act 2009 (the Act) for the termination of the Redpath Contract Services Enterprise Agreement 2017 (the Agreement). The application was made on 12 December 2022. The Applicant is the Employer covered by the Agreement.
The Agreement was approved by the Commission on 17 November 2017 and commenced operation on 24 November 2017. The Agreement reached its nominal expiry date on 16 November 2021. The Form F24C Statutory Declaration filed in support of the application was made by Mr Gavin Ramage, Managing Director for the Applicant. I accept the matters declared by Mr Ramage including that the Agreement does not currently cover any employees of the Applicant and that the Applicant’s employees, who were previously covered by the Agreement, are now covered by new enterprise agreements. I also accept that the Applicant does not intend to hire any new employees under the Agreement. I am therefore satisfied that the Agreement does not, and is not likely to, cover any employees.
Having considered and reached the requisite satisfaction as to the matters set out in s. 226 of the Act as are relevant to this application, I must accordingly terminate the Agreement pursuant to s. 226(1) of the Act.
The application does not specify a date upon which the termination of the Agreement is to take effect. Pursuant to s. 227 of the Act, the termination will operate from 27 January 2023.
DEPUTY PRESIDENT
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