REMONDIS Australia Pty Ltd

Case

[2017] FWCA 6044

16 NOVEMBER 2017


[2017] FWCA 6044

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

REMONDIS Australia Pty Ltd

(AG2017/4570)

Waste Management Bulkilft Employee Collective Agreement 2009-2014

Electrical power industry

DEPUTY PRESIDENT BOOTH

SYDNEY, 16 NOVEMBER 2017

Application for termination of the Thiess Services Pty Ltd Waste Management, Bulklift, Employee Collective Agreement 2009-2014.

  1. REMONDIS Australia Pty Ltd has made an application to terminate the Thiess Services Pty Ltd, Waste Management,, Bulklift, Employee Collective Agreement 2009-2014 (the Agreement) pursuant to item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

  1. Item 16 of schedule 3 of the TPCA Act provides that Subdivision D 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.226 of the Act.

  1. There are no employee organisations covered by the Agreement. There are no longer any employees covered by the Agreement. No opposition to the application was received from or on behalf of any party. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

  1. The termination will come into effect from the date of this decision.


DEPUTY PRESIDENT

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