Radgam Pty Ltd

[2014] FWCA 4190

[2014] FWCA 4190

FAIR WORK COMMISSION

DECISION

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

Radgam Pty Ltd
(AG2014/674)

RADGAM PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2008-2011

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 26 JUNE 2014

Application for termination of the Radgam Pty Ltd Employee Collective Agreement 2008-2011.

[1] On 26 March 2014 Radgam Pty Ltdfiled an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”) to terminate the Radgam Pty Ltd Employee Collective Agreement 2008-2011. (“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[4] In having regard to the requirements of s.226 of the Fair Work Act 2009 and based on the material that is before me (which includes a statutory declaration from the Employer), I am satisfied that:

• it is not contrary to the public interest to terminate the Agreement; and



• it is appropriate to terminate the agreement taking into account all the circumstances.

[5] In accordance with s.227 of the Fair Work Act 2009, the termination will take effect from the date of this decision.

COMMISSIONER

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