Application by Odyssey Gaming Services Pty Ltd T/A Odyssey Gaming Services

[2019] FWC 593

[2019] FWC 593

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Application by Odyssey Gaming Services Pty Ltd T/A Odyssey Gaming Services
(AG2019/7)

SENIOR DEPUTY PRESIDENT HAMBERGER SYDNEY, 1 FEBRUARY 2019

Application for termination of the Odyssey Gaming Technology Ltd and its’ Help Desk/Clerical Employees Certified Agreement 2004.

[1] On 2 January 2019, Odyssey Gaming Services Pty Ltd t/a Odyssey Gaming Services applied to terminate the Odyssey Gaming Technology Ltd and its Help Desk/Clerical Employees Certified Agreement 2004 (the Agreement) under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 15 of schedule 3 of the TPCA Act provides that Subdivision C 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.223 of the Act.

[3] Having considered, and being satisfied as to each of the matters contained in s.223 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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