WorkPac Pty Ltd Brisbane based Major Projects Workplace Agreement 2007
[2009] FWA 110
•20 AUGUST 2009
[2009] FWA 110 |
|
DECISION |
Fair Work Act 2009
Sch. 3, Item 15 - agreement to terminate collective agreement-based transitional instrument
(AG2009/11553)
Industries not otherwise assigned | |
COMMISSIONER LARKIN | SYDNEY, 20 AUGUST 2009 |
Termination of the collective agreement - WorkPac Pty Ltd Brisbane based Major Projects Workplace Agreement 2007.
[1] This decision concerns an application under s.222 of Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (the Act), as it applies under item 15 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 for approval for the termination of the WorkPac Pty Ltd Brisbane based Major Projects Workplace Agreement 2007, a collective agreement-based transitional instrument.
[2] WorkPac Pty Ltd, a person covered by the agreement (s.222(1)), has applied to Fair Work Australia for approval of the termination. Accompanying the application was an agreement to terminate the agreement signed by WorkPac Pty Ltd and the Australian Workers’ Union, Queensland Branch, an employee organisation. Affidavits stating the facts in support of the application for approval were provided by Ms Moltoni, on behalf of the applicant, and Mr Ludwig, on behalf of the employee organisation (s.222(2)). Those facts were that the specific works projects, for which the agreement was negotiated, was now completed and that there were no employees currently employed that are covered by the agreement.
[3] The application for approval was made on 13 August 2009, which is within 14 days after the agreement to terminate the agreement was made on 3 August 2009 (s.222(3)).
[4] On the material before me I am satisfied that the requirements of the legislation have been met and, therefore, pursuant to s.223 of the ActI must approve the termination of the agreement.
[5] The termination of the WorkPac Pty Ltd Brisbane based Major Projects Workplace Agreement 2007 is approved operative from 20 August 2009.
COMMISSIONER
Hearing details:
2009.
Sydney, in Chambers:
August, 20.
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