Sai Trading Pty Ltd T/A Zarraffas Coffee Palm Beach

[2017] FWCA 1429

[2017] FWCA 1429

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

Sai Trading Pty Ltd T/A Zarraffas Coffee Palm Beach
(AG2017/393)

SAI TRADING PTY LTD COLLECTIVE AGREEMENT 2009

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 10 MARCH 2017

Termination of the Sai Trading Pty Ltd Collective Agreement 2009.

[1] On 13 February 2017, Sai Trading Pty Ltd T/A Zarraffas Coffee Palm Beach applied to terminate the Sai Trading Pty Ltd Collective Agreement 2009 (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 from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

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