RUS Mining Services Pty Ltd

[2015] FWCA 3551

[2015] FWCA 3551

FAIR WORK COMMISSION

DECISION

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

RUS Mining Services Pty Ltd
(AG2015/2703)

RESCO UNDERGROUND CFMEU SOUTH WESTERN DISTRICT UNION GREENFIELD COLLECTIVE AGREEMENT 2008

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 1 JUNE 2015

Application for termination of the ResCo Underground CFMEU South Western District Union Greenfield Collective Agreement 2008.

[1] On 13 May 2015, RUS Mining Services Pty Ltd made an application to terminate the ResCo Underground CFMEU South Western District Union Greenfield Collective Agreement 2008 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] 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.

[3] No opposition to the application was received for or on behalf of any employees. There are no employee organisations covered by the Agreement.

[4] Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

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