SKILLED Group Limited

[2018] FWCA 1673

[2018] FWCA 1673

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
(AG2018/564)

SKILLED GROUP LIMITED ERA EMPLOYEE COLLECTIVE AGREEMENT 2009

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 23 MARCH 2018

Application for termination of the SKILLED Group Limited ERA Employee Collective Agreement 2009.

[1] On 20 February 2018 SKILLED Group Limited filed an application to terminate the SKILLED Group Limited ERA Employee Collective Agreement 2009 (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).

[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] 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 23 March 2018.

COMMISSIONER

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