Savannah Nickel Mines Pty Ltd

[2016] FWCA 5580

[2016] FWCA 5580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Savannah Nickel Mines Pty Ltd
(AG2016/4050)

SAVANNAH NICKEL MINES PTY LTD (SNM) 2013 ENTERPRISE AGREEMENT - PROCESSING / UNDERGROUND DEPARTMENTS

Mining industry
COMMISSIONER CLOGHAN	PERTH, 10 AUGUST 2016

Termination of enterprise agreement.

[1] This is an application by Savannah Nickel Mines Pty Ltd (SNM) for the termination of the Savannah Nickel Mines Pty Ltd (SNM) 2013 Enterprise Agreement – Processing / Underground Departments(Agreement), pursuant to s.222 of the Fair Work Act 2009 (FW Act).

[2] In support of the application, SNM provided a Form F24 – Application for termination of an enterprise agreement by agreement. In addition, SNM has provided a copy of an email and correspondence provided to all three (3) employees and the ballot paper.

[3] The application was the subject of a conference on 9 August 2016. At the conference, the Fair Work Commission (Commission) was advised that the mine now has a “care and maintenance” status and no longer employs any employees pursuant to the Agreement. All three (3) employees, since the ballot, have ceased employment on the grounds that their positions have been made redundant.

[4] Having considered the application, the material and information provided to the Commission, I am satisfied that the provisions in subsections 223(a), (b) and (c) of the FW Act have been met. In view of there no longer being any employees, the provisions of s.223(d) are unable to be acquitted.

[5] Accordingly, for the reasons set out above, pursuant to s.223 of the FW Act, I must approve termination of the Agreement.

[6] In accordance with s.224 of the FW Act, termination of the Agreement is effective from the date of this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE400227  PR584005>