Fishheads@Bangalow Pty Ltd T/A Fishheads Restaurant & Takeaway

[2017] FWCA 3734

[2017] FWCA 3734

FAIR WORK COMMISSION

DECISION

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

Fishheads@Bangalow Pty Ltd T/A Fishheads Restaurant & Takeaway
(AG2017/2245)

FISHHEADS AT BANGALOW PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2007

Restaurants
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 JULY 2017

Termination of the Fishheads At Bangalow Pty Ltd Employee Collective Agreement 2007.

[1] On 15 June 2017, Fishheads@Bangalow Pty Ltd T/A Fishheads Restaurant & Takeawayapplied to terminate the Fishheads At Bangalow Pty Ltd Employee Collective Agreement 2007 (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] 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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