Raydar NQ Pty Ltd T/A C.D. Projects

[2013] FWCA 3550

[2013] FWCA 3550

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Raydar NQ Pty Ltd T/A C.D. Projects
(AG2013/1081)

CD PROJECTS WORKPLACE AGREEMENT 1ST JANUARY 2007

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 JUNE 2013

Application to terminate the CD Projects Workplace Agreement 1st January 2007.

[1] On 3 May 2013 Raydar NQ Pty Ltd T/A C.D. Projects filed 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 CD Projects Workplace Agreement 1st January 2007 (AC304426) (“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 FW Act 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 FW Act and based on the material that is before me (which includes a statutory declaration from the Employer relating to the views of the employees), 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 FW Act, the termination will take effect from 4 June 2013.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AC304426  PR537531>