Tasmanian Hi-Tec Painting Pty Ltd

[2011] FWA 1557

[2011] FWA 1557

FAIR WORK AUSTRALIA

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Tasmanian Hi-Tec Painting Pty Ltd
(AG2011/5523)

TASMANIAN HI-TEC PAINTING PTY LTD ENTERPRISE AGREEMENT 2000 - 2003

Building, metal and civil construction industries
DEPUTY PRESIDENT LEARY	HOBART, 15 MARCH 2011

Application for termination of the Tasmanian Hi-Tec Painting Pty Ltd Enterprise Agreement 2000-2003.

[1] On 3 February 2011 Tasmanian Hi-Tec Painting Pty Ltd (“the Employer”) filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”) to terminate the Tasmanian Hi-Tec Painting Pty Ltd Enterprise Agreement 2000-2003 (“the Agreement”).

[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 application 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;



• I have considered the views of the employees in relation to this matter and note that the employees have agreed to the termination of the Agreement; and



• the consequences of terminating the Agreement will mean the employees will be covered by the Building and Construction General On-Site Award 2010 which provides more favourable terms and conditions than the Agreement.

[4] In accordance with s.227 of the FW Act, the termination will come into effect today.

DEPUTY PRESIDENT

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