Adcome Pty Ltd T/A Cornetts Supermarkets

[2018] FWCA 3064

[2018] FWCA 3064

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3A, Item 23 - Termination by the FWC of Collective Division 2B State employment agreement

Adcome Pty Ltd T/A Cornetts Supermarkets
(AG2018/1476; AG2018/1477)

CASTS RETAIL AGREEMENT 2005; CORNETT INVESTMENTS PTY LTD AGREEMENT 2003-2006

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 MAY 2018

Termination of the Cast Retail Agreement 2005 and the Cornett Investments Pty Ltd Certified Agreement 2003 - 2006.

[1] On 16 April 2018, Adcome Pty Ltd T/A Cornetts Supermarkets applied to terminate the Cast Retail Agreement 2005 and the Cornett Investments Pty Ltd Certified Agreement 2003 – 2006 under item 23 of schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act).

[2] Item 23 of schedule 3A 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.

[4] 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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