Shop, Distributive and Allied Employees Association

[2018] FWCA 1400

[2018] FWCA 1400

FAIR WORK COMMISSION

DECISION

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

Shop, Distributive and Allied Employees Association
(AG2018/435)

LUKE’S SUPA IGA CALOUNDRA (QRTSA) EMPLOYEE COLLECTIVE AGREEMENT 2007

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 MARCH 2018

Termination of the Luke’s Supa IGA Caloundra (QRTSA) Employee Collective Agreement 2007.

[1] On 9 February 2018, the Shop, Distributive and Allied Employees Association applied for the termination of the Luke’s Supa IGA Caloundra (QRTSA) Employee Collective Agreement 2007 (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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