Arthritis Foundation of South Australia

[2021] FWCA 5175

[2021] FWCA 5175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Arthritis Foundation of South Australia
(AG2021/6616)

ARTHRITIS FOUNDATION OF SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 24 AUGUST 2021

Application for termination of the Arthritis Foundation of South Australia Enterprise Agreement 2015.

[1] On 9 August 2021, Arthritis Foundation of South Australia (AFSA) filed an application pursuant to s.225 of the Fair Work Act 2009 (the Act)to terminate the Arthritis Foundation of South Australia Enterprise Agreement 2015 (the Agreement).

[2] The Agreement has a nominal expiry date of 30 November 2018. The Agreement has now passed its nominal expiry date.

[3] Section 226 of the Act states:

“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.”

[4] I have considered the information provided in the application and by AFSA pursuant to section 225 of the Act. This includes the statutory declaration of Ms Vicki Toovey, Senior Consultant for the Applicant, dated 9 August 2021. Ms Toovey makes the following submissions in relation to the approval of termination:

•  The move to employees being covered by the Social, Community, Home Care and Disability Services Industry Award 2010 (the Award) will provide greater transparency and clarity for both the employer and the employees.

•  The relevant employees have been consulted, and they support the termination of the Agreement.

[5] I have completed a comparison of the Agreement and the Award and have identified no disadvantage to employees as a result of the proposed termination.

[6] On 18 August 2021, my Associate sent an email to all employees that were covered by the Agreement, attaching the application and the statutory declaration of Ms Toovey, and requesting that the employees provide their views in respect of the application by emailing my Chambers by 4.00pm (SA time) Tuesday, 24 August 2021.

[7] I have received no objections from any of the relevant employees.

[8] I am satisfied as to each of the matters contained in section 226 of the Act. I find that it is not contrary to the public interest to terminate the Agreement and that it is appropriate to terminate the Agreement taking into account the views of the employer and employees covered by the agreement and the effect that the termination will have upon them.

[9] In accordance with section 224 of the Act, the termination will come into effect on the date of this decision.

COMMISSIONER

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