Termination of enterprise instruments

[2023] FWC 2872

[2023] FWC 2872

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 6, Item 9—Variation and termination of certain instruments due to enterprise instrument modernisation process

Termination of enterprise instruments

(EM2023/1)

JUSTICE HATCHER, PRESIDENT SYDNEY, 1 NOVEMBER 2023

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Schedule 6 items 4, 6 and 9 – termination of remaining enterprise instruments – applications to make enterprise awards subsequently withdrawn – application to make an enterprise award resulted in coverage of modern award altered – provisional view confirmed – matter EM2023/112 dismissed – enterprise instruments to be terminated.

1. In my statement[1] of 12 October 2023, I expressed the provisional view that:

(1) the application in matter EM2013/112 should be dismissed, given that the employees covered by it are now covered by a modern award; and

(2) consequent upon (1) above, the CHC Helicopters (Aircrew/Rescue Crew) Award 2002 (CHC Award) and the 51 modernisable instruments that were set out in Attachment A to that statement are all required to be terminated under item 9(5) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

1. Interested parties were invited to respond to my provisional view by 26 October 2023. No substantive submissions were received in response to my provisional view. Accordingly, I confirm my provisional view. An order dismissing matter EM2013/112 is issued with this decision.

1. The requisite orders to terminate the CHC Award and the other 51 modernisable instruments will issue in due course.

PRESIDENT

[1] [2023] FWC 2633.

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