Wessel Petroleum Pty Ltd

[2014] FWC 6144

[2014] FWC 6144

FAIR WORK COMMISSION

DECISION

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

Wessel Petroleum Pty Ltd
(AG2014/8821)

WESSEL PETROLEUM CASUAL EMPLOYEES AGREEMENT 2009

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 5 SEPTEMBER 2014

Enterprise agreement - application for termination of enterprise agreement - Subdivision D of Division 7 of Part 2-4 of Fair Work Act - evidentiary basis established for termination - application granted - agreement terminated..

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to section 225 of the Fair Work Act 2009 (the Act). The application was made by Wessel Petroleum Pty Ltd (the employer), and it was lodged on 29 August 2014 at Sydney.

[2] The application identified that the matter involved the proposed termination of an enterprise agreement known as the Wessel Petroleum Casual Employees Agreement 2009 (the Agreement).

[3] The application was listed for a Hearing in Chambers on 5 September 2014. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[4] The application included a statutory declaration of Paul Wessel, Managing Director for the employer dated 26 August 2014. The statutory declaration stated, that “Employees on this EBA have been moved to Modern Award which relates to the industry.”

[5] In the absence of any opposition to the application. I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the application establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

[6] Consequently I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

[7] In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 5 September 2014. An Order [PR555096] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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<Price code A, AE877542  PR555094>