A and B Matthews Power Services Pty Ltd T/A ABM Power

[2017] FWCA 2575

[2017] FWCA 2575

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

A and B Matthews Power Services Pty Ltd T/A ABM Power
(AG2017/1336)

A & B MATTHEWS POWER SERVICES P/L T/AS ABM POWER & THE CEEEIPP&A UNION OF AUS ETU DIV CA 2008-2011

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 11 MAY 2017

Termination of the A & B Matthews Power Services P/L T/As ABM Power & The CEEEIPP&A Union of Aus ETU Div CA 2008-2011.

[1] On 13 April 2017, A and B Matthews Power Services Pty Ltd T/A ABM Power applied to terminate the A & B Matthews Power Services P/L T/As ABM Power & The CEEEIPP&A Union of Aus ETU Div CA 2008-2011 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. 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 the date of this decision.

SENIOR DEPUTY PRESIDENT

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