Holcim (Australia) Pty Ltd (formerly known as Rinker Australia Pty Limited) T/A Holcim Australia

Case

[2017] FWCA 6051

20 NOVEMBER 2017


[2017] FWCA 6051

FAIR WORK COMMISSION

decision

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Item 16 Sch. 3—Termination of transitional instrument

Holcim (Australia) Pty Ltd (formerly known as Rinker Australia Pty Limited) T/A Holcim Australia

(AG2017/5174)

Rinker Australia Sydney Raw Materials Transport Workplace Agreement 2007

Quarrying industry

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 20 NOVEMBER 2017

Termination of the Rinker Australia Pty Limited Sydney Raw Materials Transport Workplace Agreement 2007.

  1. On 30 October 2017, Holcim (Australia) Pty Ltd (formerly known as Rinker Australia Pty Limited) T/A Holcim Australia applied for the termination of the Rinker Australia Pty Limited Sydney Raw Materials Transport Workplace Agreement 2007 (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. 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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