Air Liquide Healthcare Pty Ltd
[2022] FWCA 1439
•2 MAY 2022
| [2022] FWCA 1439 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.222—Enterprise agreement
Air Liquide Healthcare Pty Ltd
(AG2022/1025)
Air Liquide Healthcare North Sunshine & Dandenong Enterprise Agreement 2017
| Health and welfare services | |
| COMMISSIONER O’NEILL | MELBOURNE, 2 MAY 2022 |
Application for termination of the Air Liquide Healthcare North Sunshine & Dandenong Enterprise Agreement 2017
On 6 April 2022, Air Liquide Healthcare Pty Ltd applied to terminate the Air Liquide Healthcare North Sunshine & Dandenong Enterprise Agreement 2017 (the Agreement) pursuant to section 222 of the Fair Work Act 2009 (Cth) (the Act).
The Agreement has passed its nominal expiry date of 31 March 2020.
Background
The Applicant is the sole employer covered by the Agreement. The Agreement covers employees employed in Storeperson/Cylinder Controller, Service Technician and Home Healthcare Technician roles at the Applicant’s North Sunshine and Dandenong South locations.
The application was supported by a declaration of Ms Raziya Sattar, HR Business Partner, dated 6 April 2022.
The Australian Workers’ Union is covered by the Agreement. The Commission sought the views of the AWU on multiple occasions, however the AWU expressed no view about the application.
Consideration
Ms Sattar declares that employees were provided with a letter on 9 March 2022 outlining the basis for the application and voting information, a question and answer memo, as well as a draft employment contract to be issued to employees should the Agreement be terminated. Copies of these documents were lodged with the application.
I am satisfied that the Applicant, before requesting the employees approve the termination of the Agreement, took all reasonable steps to notify the employees of the voting method and time and place at which the vote would occur. All 3 employees covered by the Agreement cast a valid vote approving termination of the Agreement. I am also satisfied that the Applicant gave the employees a reasonable opportunity to decide whether they wanted to approve the proposed termination. No employee raised any queries or objection to the termination of the Agreement.
I am satisfied that the application was made within 14 days after the termination was agreed to.
I am satisfied that the termination was agreed to by the relevant employees, and I am satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination.
I am satisfied that the requirements of s.223 of the Act have been met, and in all the circumstances, I consider that it is appropriate to terminate the Agreement.
The Agreement is terminated effective from today.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE504684 PR741045>
0
0
1