TESA Resources Pty Ltd

Case

[2018] FWCA 929

12 FEBRUARY 2018


[2018] FWCA 929

FAIR WORK COMMISSION

decision

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Item 16 Sch. 3—Termination of transitional instrument

TESA Resources Pty Ltd

(AG2018/284)

TESA Resources Pty Ltd Civil Building Construction Enterprise Agreement 2003-2005

Tasmania

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 12 FEBRUARY 2018

Termination of the TESA Resources Pty Ltd Civil Building Construction Enterprise Agreement 2003-2005.

  1. On 30 January 2018, TESA Resources Pty Ltd applied for the termination of the TESA Resources Pty Ltd Civil Building Construction Enterprise Agreement 2003-2005 (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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<AG832416  PR600348>

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