Tamboritha Consultants Pty Ltd T/A Tamboritha

[2016] FWCA 4204

[2016] FWCA 4204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Tamboritha Consultants Pty Ltd T/A Tamboritha
(AG2016/1475)

TAMBORITHA CONSULTANTS PTY LTD ROV CASUAL EMPLOYEE COLLECTIVE AGREEMENT 2009

Mining industry
COMMISSIONER CLOGHAN	PERTH, 27 JUNE 2016

Termination of enterprise agreement.

[1] Tamboritha Consultants Pty Ltd trading as Tamboritha has made application for termination of the Tamboritha Consultants Pty Ltd ROV Casual Employee Collective Agreement 2009 (Agreement).

[2] The Agreement was made in accordance with s.327 of the Workplace Relations Act 1996 (WR Act).

[3] The nominal expiry date of the collective Agreement is 6 August 2014.

[4] The collective Agreement became a “transitional instrument” on repeal of the WR Act and continued in existence.

[5] Collective agreements made in accordance with the WR Act can be terminated pursuant to s.16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (FW (TPCA) Act).

[6] Section 16 of the FW (TPCA) Act provides that subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (FW Act) applies to a collective based transitional instrument as if it was referring to an enterprise agreement.

[7] Section 226 is contained within subdivision D of Division 7 of Part 2-4 of the FW Act. Section 226 provides when the Fair Work Commission must terminate an enterprise agreement (or collective based transitional instrument).

[8] Having considered all the material provided as part of the application, I am satisfied, in accordance with s.226 of the FW Act that termination of the Agreement is not contrary to the public interest. In reaching this conclusion, I have taken into account all the circumstances set out in s.226(b)(i) and (ii) of the FW Act.

[9] The Agreement will be terminated from the date of this Decision.

COMMISSIONER

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