Ventia Australia Pty Ltd T/A Ventia
[2023] FWCA 91
•25 JANUARY 2023
| [2023] FWCA 91 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date
Ventia Australia Pty Ltd T/A Ventia
(AG2022/4956)
VENTIA BORAL AMEY NSW PTY LTD ENTERPRISE AGREEMENT 2018
| Asphalt industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 25 JANUARY 2023 |
Application for termination of the Ventia Boral Amey NSW Pty Ltd Enterprise Agreement 2018
An application has been made to terminate Ventia Boral Amey NSW Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s225 of the Fair Work Act 2009 (Cth) (the Act). The Application has been made by Ventia Australia Pty Ltd (the Applicant).
Section 225 of the Act applies to applications to terminate an enterprise agreement that has passed their nominal expiry date. I am satisfied that the Agreement is an enterprise agreement, and that its nominal expiry date of 30 June 2022 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 covered by the Agreement.
On 8 December 2022 and 4 January 2023, my Chambers wrote to the Applicant and the Australian Workers Union providing the opportunity for any submissions to be filed in respect of the Application. The Applicant confirmed that there are no current employees covered by the Agreement, and the Union confirmed that they did not wish to make any submissions and do not oppose the Application.
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 of the Act as are relevant to this Application for termination have been met.
The termination will come into effect on 1 February 2023.
DEPUTY PRESIDENT
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