Wesley Mission Brisbane

[2015] FWCA 3564

[2015] FWCA 3564

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

Wesley Mission Brisbane
(AG2015/1062)

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 26 MAY 2015

Application for termination of the Wesley Mission Brisbane T/AS wmbMailpaQ (Supported Employment) Certified Agreement 2007.

[1] On the 7 May 2015 Wesley Mission Brisbane filed an application to terminate the Wesley Mission Brisbane T/AS wmbMailpaQ (Supported Employment) Certified Agreement 2007 - AC311296 (the Agreement). The application was made pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act).

[2] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (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 instruments and its nominal expiry date has passed.

[3] 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.

[4] In accordance with s.227 of the FW Act, the termination will take effect from 26 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AC311296  PR567735 >