Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove

[2014] FWCA 8667

[2014] FWCA 8667

FAIR WORK COMMISSION

DECISION

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

Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove
(AG2014/7581)

RIO TINTO ALCAN GOVE ENTERPRISE BARGAINING AGREEMENT 2011

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 2 DECEMBER 2014

Application for termination of the Rio Tinto Alcan Gove Enterprise Bargaining Agreement 2011.

[1] On 19 September 2014 Rio Tinto Aluminium Limited (the applicant) made an application to the Fair Work Commission (the Commission) pursuant to s.225 of the Fair Work Act 2009 (the Act) seeking to terminate the above-mentioned enterprise agreement (the 2011 agreement).

[2] The applicant did so on the basis that on 11 August 2014 the Commission had approved the Rio Tinto Alcan Gove Enterprise Bargaining Agreement 2014 (the 2014 agreement) which for all intents and purposes replaced the 2011 agreement sought to be terminated.

[3] The Commission sought submissions from each of the employee associations covered by the 2011 agreement whom are also covered by the 2014 agreement. None of the employee associations opposed the termination.

[4] As such the Commission is of the view that all the requirements as contemplated by s.226 of the Act have been satisfied.

[5] Accordingly the Rio Tinto Alcan Gove Enterprise Bargaining Agreement 2011 is terminated effective 18 August 2014 being the date the 2014 agreement came into effect.

COMMISSIONER

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