Custom Cartons Pty Ltd

[2016] FWCA 4787

[2016] FWCA 4787

The attached document replaces the document previously issued with the above code on 21 July 2016.

The Agreement name in para [1] should read ‘Custom Cartons Pty Ltd, Enterprise Agreement 2004’

Denise Jelfs

Associate to Senior Deputy President O’Callaghan

Dated 21 July 2016

[2016] FWCA 4787

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

Custom Cartons Pty Ltd
(AG2016/1646)

CUSTOM CARTONS PTY LTD, ENTERPRISE AGREEMENT 2004

Graphic Arts
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 JULY 2016

Application for termination of the Custom Cartons Pty Ltd, Enterprise Agreement 2004.

[1] On 27 June 2016 Custom Cartons Pty Ltd 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 Custom Cartons Pty Ltd, Enterprise Agreement 2004 (“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] 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.

[4] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

it is not contrary to the public interest to terminate the Agreement; and

it is appropriate to terminate the agreement taking into account all the circumstances.

[5] In accordance with s.227 of the FW Act, the termination will take effect from 21 July 2016.

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