Peppermint Bay Pty Ltd T/A Peppermint Bay

[2018] FWCA 2874

[2018] FWCA 2874

FAIR WORK COMMISSION

DECISION

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

Peppermint Bay Pty Ltd T/A Peppermint Bay
(AG2018/1662)

PEPPERMINT BAY EMPLOYEE COLLECTIVE AGREEMENT 2009

[AC325498]

Tasmania
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 22 MAY 2018

Termination of the Peppermint Bay Pty Ltd Employee Collective Agreement 2009.

[1] On 26 April 2018, Peppermint Bay Pty Ltd T/A Peppermint Bay applied for the termination of the Peppermint Bay Pty Ltd Employee Collective Agreement 2009 (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] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 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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<AC325498  PR607307>