Skilled Group Limited

[2015] FWCA 8775

[2015] FWCA 8775

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

Skilled Group Limited
(AG2015/7025)

SKILLED GROUP BHP BILLITON - CANNINGTON MINE EMPLOYEE COLLECTIVE AGREEMENT 2009

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 DECEMBER 2015

Application for termination of the SKILLED Group BHP Billiton - Cannington Mine Employee Collective Agreement 2009.

[1] On 15 December 2015 Skilled Group Limited filed an application pursuant to s.225 of the Fair Work Act 2009 (“the FW Act”) to terminate the SKILLED Group BHP Billiton - Cannington Mine Employee Collective Agreement 2009 (“the Agreement”). The application was subsequently amended to become an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”).

[2] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of 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 instrument and its nominal expiry date has passed.

[3] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

• it is not contrary to the public interest to terminate the Agreement; and



• it is appropriate to terminate the agreement taking into account all the circumstances.

[4] In accordance with s.227 of the FW Act, the termination will take effect from 21 December 2015.

SENIOR DEPUTY PRESIDENT

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