Matthew Male

[2017] FWCA 213

[2017] FWCA 213

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

Matthew Male
(AG2016/7531)

JASBE PETROLEUM EMPLOYEE COLLECTIVE AGREEMENT 2008

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 11 JANUARY 2017

Termination of the Jasbe Petroleum Employee Collective Agreement 2008.

[1] On 7 December 2016, Mr Matthew Male applied to terminate the Jasbe Petroleum 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] There are no employee organisations covered by the Agreement. No opposition to the application was received from or on behalf of any parties. However, the employer requested that the termination not take effect immediately, as bargaining for a new enterprise agreement to replace the Agreement has not yet concluded.

[4] Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. For the reasons given during the hearing today, the termination will come into effect three months from the date of this decision, that is, on 11 April 2017.

SENIOR DEPUTY PRESIDENT

Appearances:

M Male, the applicant, in person.

E Radwanowski and M Sloup for Jasbe Supremacy Pty Ltd and other employers covered by the Agreement.

Hearing details:

Sydney (via telephone).

2017.

January 11.

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