Oaks Hotels & Resorts Limited T/A Oaks Hotels & Resorts

Case

[2018] FWCA 3523

15 JUNE 2018


[2018] FWCA 3523

FAIR WORK COMMISSION

decision

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Item 15 Sch. 3—Termination of transitional instrument

Oaks Hotels & Resorts Limited T/A Oaks Hotels & Resorts

(AG2018/2004)

Oaks Hotels and Resorts Limited Hotel Collective Agreement 2009

Hospitality industry

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 15 JUNE 2018

Termination of the Oaks Hotels & Resorts Limited Hotel Collective Agreement 2009.

  1. On 15 May 2018, Oaks Hotels & Resorts Limited applied to terminate the Oaks Hotels & Resorts Limited Hotel Collective Agreement 2009 (the Agreement) under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

  1. Item 15 of schedule 3 of the TPCA Act provides that Subdivision C 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.223 of the Act.

  1. Having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.


SENIOR DEPUTY PRESIDENT

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<AC328418  PR608163>

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