Deutsche Australia Limited

Case

[2017] FWCA 5586

26 OCTOBER 2017


[2017] FWCA 5586

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

Deutsche Australia Limited

(AG2017/4505)

Deutsche Bank Australia Certified Agreement 1998

Banking finance and insurance industry

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 26 OCTOBER 2017

Termination of the Deutsche Bank Australia Certified Agreement 1998.

  1. On 27 September 2017, Deutsche Australia Limited applied to terminate the Deutsche Bank Australia Certified Agreement 1998 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

  1. 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.

  1. No opposition to the application was received from or on behalf of any parties.

  1. 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 the date of this decision.


SENIOR DEPUTY PRESIDENT

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