HV Operations Pty Limited and Raymond John Collins
[2023] FWCA 637
•27 FEBRUARY 2023
| [2023] FWCA 637 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 17 Sch. 3—Termination of transitional instrument
HV Operations Pty Limited
and
Raymond John Collins
(AG2023/430)
| Coal industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 27 FEBRUARY 2023 |
Agreement to terminate individual agreement-based transitional agreement
An application has been made by Mr Raymond John Collins to the Fair Work Commission (Commission) to approve an agreement to terminate the Australian Workplace Agreement made by Mr Collins and his former employer, Coal & Allied Operations Pty Limited and approved on 23 October 2001 (AWA). Mr Collins’ employment and the AWA transferred to HV Operations Pty Limited on 4 May 2018.
On 20 February 2023, Mr Collins and HV Operations Pty Limited made an agreement to terminate the AWA, pursuant to Item 17 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
On the basis of the material before the Commission:
(a) I am satisfied that the requirements of subitem (1) of Item 17 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 have been complied with; and
(b) having given HV Operations Pty Limited a chance to be heard, I am satisfied that there is a genuine agreement to terminate the AWA and there are no other reasonable grounds for believing that Mr Collins has not agreed to the termination of the AWA.
Pursuant to Item 17 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Fair Work Commission approves the termination of the AWA between HV Operations Pty Limited and Mr Raymond John Collins made on 1 September 2001.
The termination of the AWA operates from midnight on Friday, 3 March 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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