Skilled Group Ltd

[2019] FWCA 5126

[2019] FWCA 5126

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 Ltd
(AG2019/2282)

SKILLED GROUP LIMITED - AMWU VICTORIAN VEHICLE DIVISION SUPPLEMENTARY LABOUR HIRE AGREEEMENT - 2005 - 2008

Vehicle industry

COMMISSIONER BISSETT

MELBOURNE, 25 JULY 2019

Application for termination of the Skilled Group Limited - AMWU Victorian Vehicle Division Supplementary Labour Hire Agreement - 2005 - 2008.

[1] On 27 June 2019 Skilled Group Pty Ltd made an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (TPCA Act) to terminate the Skilled Group Limited – AMWU Victorian Vehicle Division Supplementary Labour Hire Agreement – 2005 - 2008 (Agreement). A statutory declaration was made by Ms Carina Winstanley, People Partner, Skilled Group Pty Ltd

[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 (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] The FW Act relevantly provides as follows:

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;
(c) an employee organisation covered by the agreement.”

[4] The AMWU’s view of the application was sought by email on 10 July 2019. No response was received.

[5] There are no employees currently covered by the Agreement.

[6] Having considered and being satisfied as to each of the matters contained in s.226 of the FW Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

COMMISSIONER

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