Clark Rubber Franchising Pty Ltd

[2013] FWCA 8574

[2013] FWCA 8574

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

Clark Rubber Franchising Pty Ltd
(AG2013/10631)

RETAIL FRANCHISE SOLUTIONS ENTERPRISE AGREEMENT 2009

Retail industry
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2013

Application for termination of the Retail Franchise Solutions Enterprise Agreement 2009.

[1] Clark Rubber Franchising Pty Ltd have applied to terminate a collective agreement-based transitional instrument. The Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) provides that Subdivision D of Division 7 of part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in such cases. The relevant provisions are contained in section 226.

[2] The application has been supported by a Statutory Declaration provided by Katherine Clark, who is employed by the Applicant as its legal counsel. The Statutory Declaration indicates that all of the employees covered by the Agreement have been advised of the Applicant’s intention to apply for its termination, and have also been provided with an undertaking that if the Agreement was terminated their current terms and conditions of employment would be maintained.

[3] Having considered the terms of the application and the content of the Statutory Declaration I am satisfied it is appropriate to terminate the Agreement, taking into account all the circumstances, including the views of the parties to the Agreement. I am also satisfied it is not contrary to the public interest to do so.

[4] The Agreement is accordingly terminated in accordance with section 226 the Act. In accordance with section 227 the termination will operate from the date of this decision.

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