Sibelco Australia Limited

[2013] FWCA 7027

[2013] FWCA 7027

FAIR WORK COMMISSION

DECISION

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

Sibelco Australia Limited
(AG2013/8560)

UNIMIN AUSTRALIA LIMITED STRADBROKE GLASS SANDS ENTERPRISE AGREEMENT 2010

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 2 OCTOBER 2013

Application for termination of the Unimin Australia Limited Stradbroke Glass Sands Enterprise Agreement 2010.

[1] On 15 August 2013, Sibelco Australia Limited (the Applicant) made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Unimin Australia Limited Stradbroke Glass Sands Enterprise Agreement 2010 (the Agreement).

[2] The application is supported by a Statutory Declaration made by Peter Collins, Executive General Manager, Mineral Sands, stating that the employer does not require work in any of the classifications covered by the Agreement and has no intention of undertaking mining at the plant covered by the Agreement in the near future.

[3] The Australian Workers’ Union (AWU) is covered by the Agreement. Directions were issued requiring the AWU to file a response to the application, and if necessary, submissions in relation to the matters set out in s.226 of the Act. No response was received from the AWU. The application also states that the AWU agrees with the termination.

[4] No opposition to the application was received for or on behalf of any employees. 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.

[5] The termination will come into effect from 2 October 2013.

DEPUTY PRESIDENT

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