Asthma Australia Ltd

[2019] FWCA 7405

[2019] FWCA 7405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Asthma Australia Ltd
(AG2019/4054)

ASTHMA FOUNDATION OF SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 22 NOVEMBER 2019

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

[1] On 23 October 2019, Asthma Australia Ltd made an application to terminate the Asthma Foundation of South Australia Enterprise Agreement 2015 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] On 25 October 2019, I issued Directions requiring Asthma Australia Ltd to provide a copy of the Directions to all employees and employee organisations covered by the Agreement and to provide written confirmation that this had occurred.

[3] On 4 November 2019, my Chambers received confirmation that the one employee covered by the Agreement had been served with the Directions.

[4] There is only one employee covered by the Agreement, Ms Clara Tait, who appeared at the hearing on 20 November 2019. I have been provided with a signed variation to Ms Tait’s contract of employment which has the effect of ensuring her salary does not fall below the salary contained in the Agreement. Ms Tait has further advised that she supports the termination of the Agreement.

[5] Pursuant to s.225 of the Act, I am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[6] The termination will come into effect from 22 November 2019.

COMMISSIONER

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