Adecco Australia Pty Ltd

Case

[2018] FWCA 7014

15 NOVEMBER 2018


[2018] FWCA 7014

FAIR WORK COMMISSION

decision

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Item 16 Sch. 3—Termination of transitional instrument

Adecco Australia Pty Ltd

(AG2018/5135)

Adecco Clerical and Administrative Supplementary Employees’ Agreement 1999

Clerical industry

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 15 NOVEMBER 2018

Termination of the Adecco Clerical and Administrative Supplementary Employees’ Agreement 1999.

  1. On 13 September 2018, Adecco Australia Pty Ltd applied for the termination of the Adecco Clerical and Administrative Supplementary Employees’ Agreement 1999 (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

  1. 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.

  1. The Australian Municipal, Administrative, Clerical and Services Union, which is covered by the Agreement, advised my chambers earlier today, 15 November 2018, that it consents to this application. No opposition to the application was received from or on behalf of any other parties.

  1. 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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