WorkPac Construction Pty Ltd
[2022] FWCA 252
•28 JANUARY 2022
| [2022] FWCA 252 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
WorkPac Construction Pty Ltd
(AG2021/8830)
Workpac Construction Pty Ltd MUA Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2017
| Oil and gas industry | |
| DEPUTY PRESIDENT ASBURY | BRISBANE, 28 JANUARY 2022 |
Application for termination of the Workpac Construction Pty Ltd MUA Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2017
WorkPac Construction Pty Ltd (the Applicant) applies to terminate the Workpac Construction Pty Ltd MUA Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil And Gas Industry) Enterprise Agreement 2017 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The Agreement commenced to operate on 21 August 2017 and nominally expired on 1 May 2021. The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) is covered by the Agreement.
The Form 24C Statutory Declaration filed with the application was made by Mr Cameron Hockaday, Chief Commercial and Risk Officer for the Applicant. Mr Hockaday states that there are no employees covered by the Agreement, and to date, the Applicant has never had any employees engaged under the Agreement. Further, Mr Hockaday states it is unlikely the Applicant will have a requirement to engage employees under the Agreement in the foreseeable future in circumstances where the Applicant does not have the knowledge or expertise to conduct work in the offshore oil and gas industry.
Mr Hockaday also states the Applicant has contacted the CFMMEU via telephone and email on 17 November 2021 in relation to the Applicant’s intention to terminate the Agreement but has not received a response.
On 25 January 2022 I caused my Associate to send correspondence to the CFMMEU seeking any objection to the application and no objection was received.
Pursuant to s. 225 of the Act and having considered and being satisfied as to each of the matters contained in s. 226 of the Act, the Agreement is terminated.
The termination will come into effect from 28 January 2022.
DEPUTY PRESIDENT
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