Queensland University of Technology

[2014] FWCA 7756

[2014] FWCA 7756

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

Queensland University of Technology
(AG2014/9569)

QUEENSLAND UNIVERSITY OF TECHNOLOGY EMPLOYEE COLLECTIVE AGREEMENT (SENIOR STAFF)

Educational services
COMMISSIONER BOOTH	BRISBANE, 3 NOVEMBER 2014

Application for termination of the Queensland University of Technology Employee Collective Agreement (Senior Staff).

[1] An application has been made pursuant to Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to terminate the Queensland University of Technology Employee Collective Agreement (Senior Staff) 2009-2012 (the Agreement). The nominal expiry date of the Agreement was 5 August 2012.

[2] Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 states:

15 Collective agreement-based transitional instruments: termination by agreement

Subdivision C of Division7 of Part2-4 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 (the Act) sets out the specific requirements that must be met in relation to the termination of an enterprise agreement by employers and employees.

[4] Mr Brian Lovi provided a statutory declaration attesting to the process undertaken by the Employer when requesting that the Agreement be terminated including the explanation provided by the Employer to the employees and details of the ballot.

[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 3 November 2014.

COMMISSIONER

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