Advanta Seeds Pty Ltd T/A Pacific Seeds

[2020] FWCA 951

[2020] FWCA 951

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

Advanta Seeds Pty Ltd T/A Pacific Seeds
(AG2019/4561)

PACIFIC SEEDS PTY LTD COLLECTIVE EMPLOYEE AGREEMENT 2006

Agricultural industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 FEBRUARY 2020

Application for termination of the Pacific Seeds Pty Ltd Collective Employee Agreement 2006.

[1] Advanta Seeds Pty Ltd T/A Pacific Seeds (the Applicant) applies to terminate the Pacific Seeds Pty Ltd Collective Employee Agreement 2006 (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] I have considered each of the matters contained in s.226 of the Act, and I am satisfied that the Agreement should be terminated. A statutory declaration filed by Mr Iain Martin-Blakey, HR and WHS Lead for the Applicant, states there are no employees covered by the Agreement. I have also had regard to the fact the Agreement nominally expired in 2008.

[4] The termination will come into effect from 28 November 2019.

DEPUTY PRESIDENT

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