Holcim (Australia) Pty Ltd (formerly known as Rinker Australia Pty Limited) T/A Humes
[2017] FWCA 6050
•20 NOVEMBER 2017
| [2017] FWCA 6050 |
| 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 Humes
(AG2017/5172)
The Humes Yandina Factory Union Collective Agreement 2006-2009
| Gardening services | |
| SENIOR DEPUTY PRESIDENT HAMBERGER | SYDNEY, 20 NOVEMBER 2017 |
Termination of the Humes Yandina Factory Union Collective Agreement 2006-2009.
On 30 October 2017, Holcim (Australia) Pty Ltd (formerly known as Rinker Australia Pty Limited) T/A Humes applied for the termination of the Humes Yandina Factory Union Collective Agreement 2006-2009 (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).
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.
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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