The General Trader (Australia) Pty Ltd T/A Minimax

[2018] FWCA 6742

[2018] FWCA 6742

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

The General Trader (Australia) Pty Ltd T/A Minimax
(AG2018/5391)

YOUR HABITAT COLLECTIVE AGREEMENT 2009 - 2014

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 31 OCTOBER 2018

Termination of the Your Habitat Collective Agreement 2009 - 2014.

[1] On 26 September 2018, The General Trader (Australia) Pty Ltd T/A Minimax applied to terminate the Your Habitat Collective Agreement 2009 - 2014 (the Agreement) under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 15 of schedule 3 of the TPCA Act provides that Subdivision C 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.223 of the Act.

[3] Having considered, and being satisfied as to each of the matters contained in s.223 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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