JBS Australia Pty Limited

[2015] FWCA 5799

[2015] FWCA 5799

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

JBS Australia Pty Limited
(AG2015/4361)

SWIFT AUSTRALIA PTY LIMITED YAMBINYA FEEDLOT EMPLOYEE COLLECTIVE AGREEMENT 2008

Meat Industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 AUGUST 2015

Application for termination of the Swift Australia Pty Limited Yambinya Feedlot Employee Collective Agreement 2008.

[1] On 18 August 2015, JBS Australia Pty Limited made an application to terminate the Swift Australia Pty Limited Yambinya Feedlot Employee Collective Agreement 2008 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[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] A statutory declaration dated 20 August 2015 was received from the applicant stating that the Yambinya Feedlot Facility was closed in December 2011, the facility has had no employees since its closure, the facility is for sale, no employee organisation was party to the Agreement and that terminating the Agreement was not contrary to the public interest.

[4] Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

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