Alzheimer's Australia Gold Coast Inc

[2016] FWCA 6577

[2016] FWCA 6577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Alzheimer's Australia Gold Coast Inc
(AG2016/3793)

ALZHEIMER'S AUSTRALIA GOLD COAST INC SUPPORT WORKERS CERTIFIED AGREEMENT 2005 (AS VARIED 2009)

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 16 SEPTEMBER 2016

Application for termination of the Alzheimer's Australia Gold Coast Inc. Support Workers Certified Agreement 2005 (As Varied 2009).

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Alzheimer's Australia Gold Coast Inc. Support Workers Certified Agreement 2005 (As Varied 2009) (the Agreement). The nominal expiry date of the Agreement was 1 August 2011.

[2] Section 226 of the Act provides for when the Fair Work Commission must terminate an enterprise agreement, it provides:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[3] The Australian Workers’ Union and United Voice are a party to the Agreement and therefore their views were sought in relation to the application. Neither of them objected to the termination of the Agreement.

[4] Alzheimer's Australia Gold Coast Inc provided material to the Commission to demonstrate that the views of the employees were sought.

[5] I have considered the views of the employer and the employee organisations and I have considered the likely effect that the termination will have on each of them.

[6] In all circumstances I consider that it is not contrary to public interest to do so.

[7] I am satisfied that the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met.

[8] The termination of the Agreement is approved with effect from 16 September 2016.

COMMISSIONER

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