Country Road Clothing Pty Limited T/A Country Road

[2019] FWCA 3001

[2019] FWCA 3001

FAIR WORK COMMISSION

DECISION

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

Country Road Clothing Pty Limited T/A Country Road
(AG2019/921)

COUNTRY ROAD RETAIL TEAM MEMBERS COLLECTIVE AGREEMENT WA 2009

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 3 MAY 2019

Termination of the Country Road Retail Team Members Collective Agreement WA 2009.

[1] On 28 March 2019 Country Road Clothing Pty Limited T/A Country Road applied for the termination of the Country Road Retail Team Members Collective Agreement WA 2009 (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] An employee, Ms Lorelle Hughes, objected to the application by email dated 16 April 2019. The objection was withdrawn on 23 April 2019. No opposition to the application was received from or on behalf of any other party.

[4] 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 19 May 2019.

SENIOR DEPUTY PRESIDENT

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