Lucas Total Contract Solutions (Services) Pty Ltd

[2017] FWCA 4454

[2017] FWCA 4454

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

Lucas Total Contract Solutions (Services) Pty Ltd
(AG2017/3214)

LUCAS PERSONNEL SERVICES OPERATIONS EMPLOYEES EMPLOYEE COLLECTIVE AGREEMENT 2009

Building, metal and civil construction industries
DEPUTY PRESIDENT ANDERSON	ADELAIDE, 28 AUGUST 2017

Application for termination of the Lucas Personnel Services Operations Employees Employee Collective Agreement 2009

[1] On 1 August 2017 Lucas Total Contract Solutions (Services) Pty Ltd filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”) to terminate the Lucas Personnel Services Operations Employees Employee Collective Agreement 2009 (the 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 Party 2-4 of the Fair Work Act 2009 (“the FW Act”) applies to applications to terminate collective agreement-based transitional instruments which 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] I issued Directions concerning the application on 7 August 2017 which provided an opportunity for an employee under the Agreement or their representative to oppose or otherwise express a view on the application. No employee has elected to participate in these proceedings. The employer has confirmed that these Directions were provided to the relevant employees.

[5] In having regard to the requirements of section 226 of the FW Act and based on the material that is before me, I am satisfied that:

• It is not contrary to the public interest to terminate the Agreement; and



• It is appropriate to terminate the Agreement taking into account all of the circumstances.

[6] In accordance with section 227 of the FW Act, the termination will take effect from
28 August 2017.

DEPUTY PRESIDENT

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