Mount Sommerset Pty Ltd T/A Swiss Farms Trust

[2016] FWCA 3432

[2016] FWCA 3432

FAIR WORK COMMISSION

DECISION

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

Mount Sommerset Pty Ltd T/A Swiss Farms Trust
(AG2016/2824)

SWISS FARMS EMPLOYEES COLLECTIVE AGREEMENT 2008

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 MAY 2016

Termination of the Swiss Farms Employees’ Collective Agreement 2008

[1] On 15 April 2016, Mount Sommerset Pty Ltd t/as Swiss Farms Trust 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 Swiss Farms Employees’ Collective Agreement 2008 (the Agreement).

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

[3] 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.

[4] No opposition to the application was received for or on behalf of any employees. There are no employee organisations covered by the Agreement.

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

[6] In accordance with s.227 of the FW Act, the termination will come into effect from today.

SENIOR DEPUTY PRESIDENT

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