Ugl Operations & Maintenance Pty Limited
[2022] FWCA 982
•18 MARCH 2022
| [2022] FWCA 982 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument
Ugl Operations & Maintenance Pty Limited
(AG2022/136)
United Group Resources Pty Ltd Project Delivery and Asset Services Workplace Agreement 2009
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 18 MARCH 2022 |
Application for termination of the United Group Resources Pty Ltd Project Delivery and Asset Services Workplace Agreement 2009
An application has been made to terminate the United Group Resources Pty Ltd Project Delivery and Asset Services Workplace Agreement (the Agreement). The application was made pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act). It has been made by UGL Operations & Maintenance Pty Limited (the Applicant).
Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (the FW Act) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument, and that its nominal expiry date of 5 August 2014 has passed.
The Applicant has made a statutory declaration in support of their application, and it is noted that there are no current employees that are, or prospective employees that would be, covered by the Agreement.
On the basis of the information provided to me in the Application, and as set out above, I am satisfied that each of the requirements of s.226 as are relevant to this application for termination have been met.
In accordance with s.227 of the FW Act, the termination will come into effect on the date of this decision.
DEPUTY PRESIDENT
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