Aussie Mandias Pty Ltd T/A Top End RACE

Case

[2020] FWCA 4578

28 AUGUST 2020

No judgment structure available for this case.

[2020] FWCA 4578

The attached document wholly replaces the document previously issued with the code [2020] FWC 4557 on 28 August 2020 to correct document referencing.

Adrian Rook

Relief Associate to the Hon. Deputy President P Sams AM

Dated 28 August 2020

[2020] FWCA 4578
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

Aussie Mandias Pty Ltd T/A Top End RACE
(AG2020/2423)

TOP END REFRIGERATION, AIR CONDITIONING AND ELECTRICAL EMPLOYEE COLLECTIVE AGREEMENT 2007

Building, metal and civil construction industries

DEPUTY PRESIDENT SAMS

SYDNEY, 28 AUGUST 2020

Application for termination of the Top End Refrigeration, Air conditioning and electrical Employee collective Agreement 2007.

[1] On 14 August 2020, Aussie Mandias Pty Ltd t/a Top End Race made an application to terminate the Top End Refrigeration, Air Conditioning and Electrical Employee Collective Agreement 2007 (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] Having considered and being satisfied as to each of the matters contained in s 226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AC306767  PR722249>

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