JD Quirk Pty Ltd T/A Home Instead Senior Care Northern Sydney

[2018] FWCA 4020

[2018] FWCA 4020

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

JD Quirk Pty Ltd T/A Home Instead Senior Care Northern Sydney
(AG2018/2882)

JDQUIRK PTY LTD AGREEMENT 2006-2011

Health and welfare services

VICE PRESIDENT CATANZARITI SYDNEY, 6 JULY 2018

Agreement for termination of the JDQUIRK Pty Ltd Agreement 2006-2011

[1] On 26 June 2018 JD Quirk Pty Ltd T/A Home Instead Senior Care Northern Sydney lodged an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (TPCA Act) to terminate the JDQUIRK Pty Ltd Agreement 2006-2011 (Agreement).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (FW Act) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[4] Ms Debbie Quirk, Director of JD Quirk Pty Ltd T/A Home Instead Senior Care Northern Sydney, has declared that no employees are presently covered under this Agreement. On the basis of this information, I am satisfied that each of the requirements of s.226 of the Fair Work Act 2009 (Cth) (FW Act) as are relevant to this application for termination have been met.

[5] In accordance with s.227 of the FW Act, the termination will come into effect on 6 July 2018.

VICE PRESIDENT

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