Skilled Group Limited T/A Longhill Group Pty Ltd
[2017] FWCA 5153
•4 OCTOBER 2017
| [2017] FWCA 5153 |
| 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 T/A Longhill Group Pty Ltd
(AG2017/4273)
Longhill Group Sugarloaf Project Employee Collective Agreement 2008
| Clerical industry | |
| SENIOR DEPUTY PRESIDENT HAMBERGER | SYDNEY, 4 OCTOBER 2017 |
Termination of the Longhill Group Sugarloaf Project Employee Collective Agreement 2008.
On 19 September 2017, Skilled Group Limited t/as Longhill Group Pty Ltd (the Applicant) lodged an application for the termination of a collective agreement known as the Longhill Group Sugarloaf Project Employee Collective Agreement 2008 (the Agreement) (referred to as the Application).
The Agreement is a collective agreement-based transitional instrument to which Items 15 and 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) apply. The effect of Items 15 and 16 of Schedule 3 of the Transitional Act is that the termination of agreement provisions found in Subdivisions C and D of Division 7 of the Act apply to the Agreement as though a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.
Section 225 of the Act provides:
225 Application for termination of an enterprise agreement after its nominal expiry date
If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:
(a) one or more of the employers covered by the agreement;
(b) an employee covered by the agreement;
Section 226 of the Act provides:
226 When the FWC must terminate an enterprise agreement
If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:
(a) the FWC is satisfied that it is not contrary to the public interest to do so;
And(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:
(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and
(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”
The Applicant provided a statutory declaration in support of the Application (the declaration).
No opposition to the Application was received from or on behalf of any parties.
Pursuant to s.225 of the Act and 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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