Australian Leisure & Hospitality Group Pty Ltd T/A Parap Tavern

[2015] FWCA 3725

[2015] FWCA 3725

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

Australian Leisure & Hospitality Group Pty Ltd T/A Parap Tavern
(AG2015/2752)

NT PUBCO PTY LTD COLLECTIVE AGREEMENT 2008 - 2013

Hospitality industry
COMMISSIONER WILSON	MELBOURNE, 3 JUNE 2015

Application for termination of the NT Pubco Pty Ltd Collective Agreement 2008 - 2013.

[1] On 20 May 2015 the Australian Leisure & Hospitality Group Pty Ltd filed an application pursuant to Item 16, Schedule 3 of the Fai Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”) to terminate the NT Pubco Pty Ltd Collective Agreement 2008 - 2013 (“the Agreement”).

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

[3] Item 16, 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 to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[4] I am satisfied that each of the requirements of s.226 of the FW Act as are relevant to this application for termination have been met.

[5] In accordance with s.227 of the FW Act, the termination will come into effect on 3 June 2015.

COMMISSIONER

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