TOP Welding & Construction Pty Ltd

[2017] FWCA 4912

[2017] FWCA 4912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

TOP Welding & Construction Pty Ltd
(AG2017/4132)

TOP WELDING & CONSTRUCTION LATROBE VALLEY POWER INDUSTRY AGREEMENT 2014-2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 28 SEPTEMBER 2017

Application for termination of the TOP Welding & Construction Latrobe Valley Power Industry Agreement 2014-2018.

[1] TOP Welding & Construction Pty Ltd has applied to terminate the TOP Welding & Construction Latrobe Valley Power Industry Agreement 2014-2018 (the Agreement). The Agreement had not passed its nominal expiry date.

[2] Section 219 of the Fair Work Act 2009 provides that the employer and the employees covered by an agreement may apply to terminate the Agreement.

[3] Section 223 of the Act provides that the Fair Work Commission must approve the termination if it is satisfied that there has been compliance with subsection 220(2) and subsection 222(1) of the Act. Further, the Commission must be satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination. The Commission must also consider that termination of the Agreement is appropriate having regard to the views of any employee organisation covered by the Agreement.

[4] TOP Welding filed a statutory declaration attesting to its compliance with s.220 of the Act. Further, TOP Welding has complied with subsection 222(1).

[5] As I am satisfied that all the requirements have been met, the application for approval of the termination of the Agreement is granted. The Agreement will terminate at midnight on 4 October 2017.

DEPUTY PRESIDENT

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