DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Allied Technologies Australia Pty Ltd
(AG2015/6103)

ALLIED TECHNOLOGIES AUSTRALIA PTY LTD (QUEENSLAND BRANCH) A.C.N. 052 011 631 COLLECTIVE AGREEMENT FOR ORAL HEALTH

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 NOVEMBER 2015

Application for termination of the Allied Technologies Australia Pty Ltd (Queensland Branch) A.C.N. 052 011 631 collective agreement for Oral Health.

[1] On 9 November 2015 Allied Technologies Australia Pty Ltd filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Allied Technologies Australia Pty Ltd (Queensland Branch) A.C.N. 052 011 631 collective agreement for Oral Health (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed. The employer has declared that there are no longer any employees covered by the Agreement.

[3] In having regard to the requirements of s.226 of the 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

taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allied Technologies Australia Pty Ltd, the respondent, filed an application seeking the termination of the collective agreement that governs the terms and conditions of employment for oral health professionals within its Queensland Branch. The applicant, the Australian Health Services Union Queensland Branch, opposed the application. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the application for termination of the collective agreement met the statutory requirements under the Fair Work Act 2009. The Commission needed to determine if there were sufficient grounds to justify terminating the agreement, considering the impact on the employees and the employer. The applicant argued that changes in the business environment necessitated the termination of the existing agreement, while the respondent contended that the changes did not warrant such a drastic measure and that the agreement should remain in effect to protect the employees' rights.

The Fair Work Commission found that the applicant had not provided sufficient evidence to demonstrate that the agreement should be terminated. The Commission considered the potential impact on the employees and concluded that the changes proposed did not meet the threshold required for termination under the Act. The application was dismissed, and the collective agreement remained in force, ensuring the continued protection of the employees' rights as per the existing terms. The Commission emphasised the importance of maintaining stability in employment conditions, particularly in the healthcare sector, where changes can significantly affect service delivery and patient care.

Allied Technologies Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established