Transpacific Industries Pty Ltd

[2015] FWCA 7162

[2015] FWCA 7162

FAIR WORK COMMISSION

DECISION

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

Transpacific Industries Pty Ltd
(AG2015/5835)

TRANSPACIFIC INDUSTRIAL SOLUTIONS QUEENSLAND NICKEL (QNI) YABULU OPERATORS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 OCTOBER 2015

Application for termination of the Transpacific Industrial Solutions Queensland Nickel (QNI) Yabulu Operators Enterprise Agreement 2013.

[1] On 12 October 2015 Transpacific Industries Pty Ltd filed an application pursuant to s.222 of the Fair Work Act 2009 (“the Act”) to terminate the Transpacific Industrial Solutions Queensland Nickel (QNI) Yabulu Operators Enterprise Agreement 2013 (“the Agreement”). The application was subsequently amended to become an application under s.225 of the Act.

[2] I am satisfied that the nominal expiry date of the Agreement has passed.

[3] In having regard to the requirements of s.226 of the Act and based on the material that is before me, including a statutory declaration from the employer which states that there are no longer any employees covered by the Agreement, I am satisfied that:

• it is not contrary to the public interest to terminate the Agreement; and



• it is appropriate to terminate the Agreement taking into account all the circumstances.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

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