Andrew Hertel-Smith

Case

[2017] FWC 2867

24 MAY 2017


[2017] FWC 2867

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

Andrew Hertel-Smith

(AG2016/1018)

Business Risks International (VICTORIA) PTY LTD VICTORIA EMPLOYEE COLLECTIVE AGREEMENT 2007

Security services

COMMISSIONER GREGORY

MELBOURNE, 24 MAY 2017

Decision varied pursuant to s.603 of the Fair Work Act 2009.

  1. This decision varies the decision issued by the Commission on 22 May 2017 in [2017] FWCA 2717. That decision terminated the Business Risks International (Victoria) Pty Limited Employee Collective Agreement 2007 with effect from 22 May 2017.

  1. After the decision was issued the Employer’s representative contacted the Commission to advise that the decision did not reflect an agreement reached with the Applicant and with United Voice, the Union with coverage of the employees, about the operative date of termination of the Agreement. The Commission was also informed that the agreed date of termination is 20 June 2017. The Commission is accordingly prepared to vary the decision issued on 22 May 2017 to reflect this agreement pursuant to s.603 of the Fair Work Act 2009, which allows the Commission to vary or revoke a decision made under the Act.

  1. The decision issued on 22 May 2017 in [2017] FWCA 2717 is accordingly varied by deleting the existing paragraph [11] and inserting a new paragraph [11] in the following terms:

[11] In accordance with the provisions contained in ss. 225 and 226 of the Fair Work Act 2009 the Business Risks International (Victoria) Pty Limited Employee Collective Agreement 2007 is terminated and, as provided for in s.227, termination will take effect from 20 June 2017.


COMMISSIONER

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Cases Cited

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Statutory Material Cited

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Andrew Hertel-Smith [2017] FWCA 2717