Foodco Group Pty Ltd T/A Foodco

[2017] FWCA 1151

[2017] FWCA 1151

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

Foodco Group Pty Ltd T/A Foodco
(AG2017/288)

FOODCO GROUP PTY LTD EMPLOYER GREENFIELDS AGREEMENT FAST FOOD VIC

[AC320584]

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 FEBRUARY 2017

Termination of the Foodco Group Pty Ltd Employer Greenfields Agreement Fast Food VIC.

[1] On 3 February 2017, Foodco Group Pty Ltd T/A Foodco applied to terminate the Foodco Group Pty Ltd Employer Greenfields Agreement Fast Food VIC (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] There are no employee organisations covered by the Agreement. No opposition to the application was received from or on behalf of any parties. 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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<Price code A, AC320584  PR590566>