TESA Group Pty Ltd

Case

[2017] FWCA 4431

25 AUGUST 2017


[2017] FWCA 4431

FAIR WORK COMMISSION

decision

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Item 16 Sch. 3—Termination of transitional instrument

TESA Group Pty Ltd

(AG2017/3508)

Tesa Group Power Agreement 2005 - 2008

Tasmania

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 25 AUGUST 2017

Termination of the Tesa Group Power Agreement 2005 - 2008.

  1. On 15 August 2017, TESA Group Pty Ltd applied to terminate the Tesa Group Power Agreement 2005 - 2008 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

  1. Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

  1. No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.


SENIOR DEPUTY PRESIDENT

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