The Trustee for The Kippen Family Trust T/A AJK Contracting Pty Ltd

[2015] FWCA 6395

[2015] FWCA 6395

FAIR WORK COMMISSION

DECISION

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

The Trustee for The Kippen Family Trust T/A AJK Contracting Pty Ltd
(AG2015/5479)

THE TRUSTEE FOR THE KIPPEN FAMILY TRUST T/A AJK CONTRACTING PTY LTD

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 OCTOBER 2015

Application for termination of the Trustee for the Kippen Family Trust trading as AJK Contracting Pty Ltd Collective Agreement.

[1] On 14 September 2015 The Trustee for The Kippen Family Trust T/A AJK Contracting Pty Ltd filed an application pursuant to s.225 of the Fair Work Act 2009 (“the FW Act”) to terminate the Trustee for the Kippen Family Trust trading as AJK Contracting Pty Ltd Collective Agreement (“the Agreement”). The application was subsequently amended to become an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the FW Act applies to applications 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 instrument and its nominal expiry date has passed.

[4] 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; and



• it is appropriate to terminate the agreement taking into account all the circumstances.

[5] In accordance with s.227 of the FW Act, the termination will take effect from 19 October 2015.

SENIOR DEPUTY PRESIDENT

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