Clark One Pty Ltd ATF A & B Clark Trust T/A The Athlete’s Foot, Carindale and Capalaba

[2017] FWCA 4479

[2017] FWCA 4479

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Clark One Pty Ltd ATF A & B Clark Trust T/A The Athlete’s Foot, Carindale and Capalaba
(AG2017/3272)

CLARK ONE PTY LTD AGREEMENT

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 AUGUST 2017

Termination of the Clark One Pty Ltd Agreement.

[1] On 3 August 2017, Clark One Pty Ltd ATF A & B Clark Trust T/A The Athlete’s Foot, Carindale and Capalaba applied to terminate the Clark One Pty Ltd Agreement (the Agreement) under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 15 of schedule 3 of the TPCA Act provides that Subdivision C 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.223 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.223 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

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