PETstock (Darwin) Pty Ltd T/A PETstock Berrimah

[2015] FWC 4883

[2015] FWC 4883

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

PETstock (Darwin) Pty Ltd T/A PETstock Berrimah
(AG2015/3056)

PETS VILLAGE COLLECTIVE AGREEMENT 2008-2013

Retail industry
COMMISSIONER JOHNS	SYDNEY, 12 AUGUST 2015

Application for termination of the Pets Village Collective Agreement 2008 - 2013.

[1] [An application has been made by PETstock (Darwin) Pty Ltd (Applicant) pursuant to Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (TPCA Act) to terminate the Pets Village Collective Agreement 2008 - 2013 (Agreement). The nominal expiry date of the Agreement was 5 December 2013.

[2] Schedule 3, Item 15 of the TPCA Act states:

“15 Collective agreement-based transitional instruments: termination by agreement

Subdivision C of Division7 of Part 2-4 of the FW Act (which deals with termination of enterprise agreements by employers and employees) 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.”

[3] Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Act) sets out the specific requirements that must be met in relation to the termination of an enterprise agreement by employers and employees.

[4] Ms Katherine Rickard, HR Manager at the Applicant, provided evidence 1 attesting to the process undertaken by the Applicant when requesting that the Agreement be terminated including the explanation provided by the Applicant to the employees and the benefits which are to be affected.

[5] I am satisfied that the requirements of s.226 of the Act for the termination of an enterprise agreement after its nominal expiry date have been met.

[6] The termination of the Agreement is approved with effect from 12 August 2015.

COMMISSIONER

 1   Exhibit A1.

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