Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety

[2014] FWCA 6734

[2014] FWCA 6734

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

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2014/6994)

CFS PILBARA WA SPRINKLER FITTERS CA 2009-2013

Plumbing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 SEPTEMBER 2014

Application for termination of collective agreement-based transitional instrument.

[1] On 5 August 2014 Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety (the Applicant) filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act) to terminate the CFS Pilbara WA Sprinkler Fitters CA 2009-2013 (the Agreement).

[2] The Agreement has a nominal expiry date of 1 April 2013.

[3] On 18 August 2014, I wrote to the Applicant requesting that they provide any grounds or reasons as to why the Agreement should be terminated. The Applicant advised that the Agreement had passed its nominal expiry date and that the Applicant did not have any direct employees employed under the Agreement.

[4] Item 16, Schedule 3 of the TPCA Act states 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.

[5] Based on the material that is before me, I am satisfied that the requirements of s.226 of the FW Act have been met. The application is approved, and in accordance with s.227 of the FW Act, the termination will take effect from 30 September 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AC327091  PR555872>