Forster Tuncurry Community College Inc

[2010] FWA 2728

[2010] FWA 2728

FAIR WORK AUSTRALIA

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Forster Tuncurry Community College Inc
(AG2010/7599)

Educational services
COMMISSIONER MCKENNA	SYDNEY, 9 APRIL 2010

Forster Tuncurry Adult Education 1999 Certified Agreement.

[1] Forster Tuncurry Community College Inc has made an application pursuant to Sch. 3, Item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to terminate a collective agreement-based transitional instrument titled the Forster Tuncurry Adult Education 1999 Certified Agreement (“the Agreement”).

[2] As indicated by the year “1999” in the name of the Agreement, this is an old agreement. Ms L Barlow, who appeared for the College on 8 April 2010, submitted this application is a long-overdue, house-keeping matter to formally terminate an agreement which has not, in any real sense, been applied at the College since about 2002 - which was its nominal expiry date. From that time, the employees were, in effect, paid rates pursuant to relevant awards of the Industrial Relations Commission of New South Wales. Ms Barlow further submitted that the employees are now being paid pursuant to the Educational Services (Post-Secondary Education) Award 2010. Moreover, she had advised the employees about the application and had received no objections.

[3] In the circumstances, I am satisfied it is not contrary to the public interest to terminate this dormant Agreement. The termination takes effect from today’s date.

COMMISSIONER

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<Price code A, AG781751  PR995799 >