Phoenix Health Fund Limited

[2017] FWCA 3949

[2017] FWCA 3949

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument

Phoenix Health Fund Limited
(AG2017/2614)

PHOENIX HEALTH FUND COLLECTIVE AGREEMENT 2009

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 JULY 2017

Application for termination of the Phoenix Health Fund Collective Agreement 2009.

[1] On 30 June 2017, Phoenix Health Fund Limited applied to terminate the Phoenix Health Fund 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).

[2] 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.

[3] 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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