Smile-A-Mile Fun Bus and Toy Library Incorporated T/A Smile-A-Mile Fund Bus & Toy Library Inc.

[2018] FWCA 3306

[2018] FWCA 3306

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

Smile-A-Mile Fun Bus and Toy Library Incorporated T/A Smile-A-Mile Fund Bus & Toy Library Inc.

(AG2018/2297)

Smile - A - Mile Fun Bus and Toy Library Incorporated Certified Agreement 1998

Northern Territory
Commissioner Wilson	MELBOURNE, 6 JUNE 2018

Application for termination of the Smile - A - Mile Fun Bus and Toy Library Incorporated Certified Agreement 1998.

1. On 30 May 2018 Smile-A-Mile Fun Bus and Toy Library Incorporated T/A Smile-A-Mile Fund Bus & Toy Library Inc. filed an application pursuant to Item 16, Schedule 3 of the Fai Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”) to terminate the Smile - A - Mile Fun Bus and Toy Library Incorporated Certified Agreement 1998 (“the Agreement”).

1. The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

1. Item 16, Schedule 3 of the TPCA Act provides 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 instrument and its nominal expiry date has passed.

1. I am satisfied that each of the requirements of s.226 of the FW Act as are relevant to this application for termination have been met.

1. In accordance with s.227 of the FW Act, the termination will come into effect on 6 June 2018.

COMMISSIONER

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<AG797997  PR607872>