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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CaseChat Overview and Summary

Skilled Group Limited applied to terminate the SKILLED Group Limited ERA Employee Collective Agreement 2009 (the Agreement), and the Fair Work Commission (the Commission) was required to decide the application. The Commission had to determine if the Agreement should be terminated under section 238(1)(a) of the Fair Work Act 2009 because there was no longer a sufficient basis for the existence of the Agreement. The applicant needed to show that there were no longer employees covered by the Agreement, which was the case as all employees had left the company. The Commission found that the applicant had fulfilled its obligations under the Agreement and that there were no longer any employees covered by the Agreement, so it was appropriate to terminate the Agreement. The Commission made an order terminating the Agreement, effective from the date of the decision.

SKILLED Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established