Australian Federal Police Association

[2019] FWCA 5459

[2019] FWCA 5459

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Australian Federal Police Association
(AG2019/2718)

AUSTRALIAN FEDERAL POLICE ASSOCIATION CERTIFIED AGREEMENT 2004-2007

Clerical industry
DEPUTY PRESIDENT DEAN	SYDNEY, 7 AUGUST 2019

Application for termination of the Australian Federal Police Association Certified Agreement 2004-2007.

[1] On 23 July 2019, Australian Federal Police Association made an application to terminate the Australian Federal Police Association Certified Agreement 2004-2007 (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] 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 (the FW 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 FW Act.

[4] The Australian Municipal, Administrative, Clerical and Services Union, being the employee organisation covered by the Agreement, was advised of the application and did not raise any objection.

[5] Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[6] In accordance with s.227 of the FW Act, the termination will come into effect on 7 August 2019.

DEPUTY PRESIDENT

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