Parap Family Centre Incorporated

[2013] FWCA 5900

[2013] FWCA 5900

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

Parap Family Centre Incorporated
(AG2013/7671)

PARAP FAMILY CENTRE UNION AGREEMENT 2006

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 20 AUGUST 2013

Parap Family Centre Union Agreement 2006 Agreement ID AC302414.

[1] This is an application by the employer, the Parap Family Centre Incorporated, for the termination of a collective agreement-based transitional instrument, being the Parap Family Centre Union Agreement 2006 (the agreement). The application is made pursuant to Schedule 3, Items 15 and 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and ss.225 and 226 of the Fair Work Act 2009.

[2] The agreement had a nominal expiry date of 30 June 2009.

[3] The parties have met the evidence requirement that all parties agree to the termination of the agreement by providing supporting documentation to that effect to the Fair Work Commission (the Commission). The Commission also conducted a hearing on Friday 16 August 2013 in order to satisfy itself that employees and the relevant employee organisation currently covered by the agreement fully understood the effects of having the agreement terminated. For all intents and purposes the terminating of the agreement will mean that the employees’ minimum conditions of employment will be covered by the relevant Modern Award.

[4] As a result of that hearing I am satisfied that all parties to the agreement fully understand the effects of the agreement being terminated.

[5] The tribunal considers the application meets the tests required and accordingly orders that the agreement be terminated as of 16 August 2013.

COMMISSIONER

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<Price code A, AC302414  PR540462>