UGL Rail Services Pty Ltd T/A UGL Rail Services Limited

[2015] FWCA 3918

[2015] FWCA 3918

FAIR WORK COMMISSION

DECISION

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

UGL Rail Services Pty Ltd T/A UGL Rail Services Limited
(AG2015/1366)

UGL RAIL TAREE OPERATION ENTERPRISE AGREEMENT 2011-2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 JUNE 2015

Application for termination of the UGL Rail Taree Operation Enterprise Agreement 2011-2014.

[1] On 5 June 2015, UGL Rail Services Pty Ltd T/A UGL Rail Services Limited (the Applicant) made an application to terminate the UGL Rail Taree Operation Enterprise Agreement 2011-2014 [AE887629](the Agreement ) under s.225 of the Fair Work Act 2009 (the Act).

[2] The Agreement is past its nominal expiry date of 30 August 2014.

[3] In his Form F24C statutory declaration dated 5 June 2015, Mr David Gittus, Industrial Relations Manager for the Applicant, stated that the Taree operation has closed and there are no employees employed under the Agreement. The Taree site has been sold.

[4] The application is supported by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) which is an organisation covered by the Agreement.

[5] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.226 of the Act I must approve the termination of the Agreement.

[6] Accordingly, the application to terminate is approved and the termination will come into effect from 16 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE887629  PR568221>