Imperial Produce Pty Ltd

[2019] FWCA 5944

[2019] FWCA 5944

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

Imperial Produce Pty Ltd
(AG2019/1354)

IMPERIAL PRODUCE PTY LTD AGREEMENT 2009

Agricultural industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 30 AUGUST 2019

Application for termination of the Imperial Produce Pty Ltd Enterprise Agreement 2009.

[1] Imperial Produce Pty Ltd (the Applicant) applicaties to terminate the Imperial Produce Pty Ltd Agreement 2009 (the Agreement) under Item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act). The Applicant seeks to terminate the Agreement and revert to the Horticulture Award 2010.

[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] I have considered each of the matters contained in s.226 of the Act, and I am satisfied that the Agreement should be terminated. In particular I have had regard to the fact that the Agreement was made in 2009 prior to the operation of the Horticulture Award 2010. I have also had regard to the fact that the Agreement terms are less favourable than those in the Award and that if the Agreement is terminated the Award will apply to the benefit of employees.

[4] The termination will come into effect from 28 November 2019.

DEPUTY PRESIDENT

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