Bakers Delight Holdings Ltd T/A Bakers Delight

[2019] FWCA 1550

[2019] FWCA 1550

FAIR WORK COMMISSION

DECISION

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

Bakers Delight Holdings Ltd T/A Bakers Delight
(AG2019/292)

BAKERS DELIGHT HOLDINGS LTD COLLECTIVE AGREEMENT (WESTERN AUSTRALIA) 2008

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 12 MARCH 2019

Termination of the Bakers Delight Holdings Ltd Collective Agreement (Western Australia) 2008.

[1] On 8 February 2019, Bakers Delight Holdings Ltd T/A Bakers Delight applied for the termination of the Bakers Delight Holdings Ltd Collective Agreement (Western Australia) 2008 (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] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will come into effect from 12 March 2019.

SENIOR DEPUTY PRESIDENT

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