Xcel Electrical Solutions

[2013] FWCA 3604

[2013] FWCA 3604

FAIR WORK COMMISSION

DECISION

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

Xcel Electrical Solutions
(AG2012/2857)

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 5 JUNE 2013

Application for termination of the Xcel Electrical Solutions Pty Ltd Enterprise Agreement 2007-2010 after its nominal expiry date.

[1] On 6 January 2012, Xcel Electrical Solutions Pty Ltd made an application to terminate the Xcel Electrical Solutions Pty Ltd Enterprise Agreement 2007-2010 (the Agreement) under s225 of the Fair Work Act 2009 (the Act) after its nominal expiry date.

[2] On Wednesday, 15 February 2012, I received a request from the Applicant that no action be taken on the Application in this matter.

[3] On Thursday, 21 February 2013, I received confirmation from the Applicant that they would like to proceed with the Application.

[4] On 3 April 2013 I issued Directions that Xcel Electrical Solutions are to file, and serve on the ETU, written submissions in support of the application to terminate the Xcel Electrical Solutions Pty Ltd Enterprise Agreement 2007-2010 by the Fair Work Commission, by no later than close of business on 12 April 2013 and that the Electrical Trade Union (ETU) is to file, and serve on Xcel Electrical Solutions, any written submissions in opposition to the application for the termination of the Xcel Electrical Solutions Pty Ltd Enterprise Agreement 2007-2010 by the Fair Work Commission, by no later than close of business on 22 April 2013.

[5] Submissions were filed by Xcel Electrical Solutions in support of the termination of the Agreement on 8 April 2013.

[6] No opposition to the Application was received for or on behalf of the ETU or any employees. Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Fair Work Act 2009, the Agreement is terminated.

[7] The termination will come into effect from 5 June 2013.

COMMISSIONER

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