Sci-Fleet Motors Pty Ltd T/A Sci-Fleet Hino

[2013] FWCA 3111

[2013] FWCA 3111

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

Sci-Fleet Motors Pty Ltd T/A Sci-Fleet Hino
(AG2013/5838)

VANDERFIELD TECHNICIAN FLAT RATE EMPLOYEE COLLECTIVE AGREEMENT

Vehicle industry
COMMISSIONER SIMPSON	BRISBANE, 22 MAY 2013

Application for termination of the VanderfieldTechnician Flat Rate Employee Collective Agreement 2008 - AC316426.

[1] An application has been made to terminate the VanderfieldTechnician Flat Rate Employee Collective Agreement 2008 - AC316426 (the Agreement). The application was made pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act). It has been made by Sci-Fleet Motors Pty Ltd T/A Sci-Fleet Hino.

[2] 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 (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 instruments and its nominal expiry date has passed.

[3] The Applicant has filed a statutory declaration setting out that the current hourly rate will be retained for existing staff and that entitlements will continue to accrue at the higher rate, and further that a secret ballot of staff was conducted that supported the application. Copies of the ballot results were attached to the statutory declaration.

[4] It is apparent to me that a range of conditions under the Vehicle Manufacturing, Repair, Services and Retail Award 2010 are superior to the transitional Agreement.

[5] On the basis of information set out above, I am satisfied that each of the requirements of s.226 as are relevant to this application for termination have been met.

[6] In accordance with s.227 of the FW Act, the termination will come into effect on the date of this decision.

COMMISSIONER

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<Price code A, AC316426  PR536994>