Brisbane Youth Service Inc

[2017] FWCA 3683

[2017] FWCA 3683

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Brisbane Youth Service Inc
(AG2017/2152)

Social, community, home care and disability services
COMMISSIONER BOOTH	BRISBANE, 12 JULY 2017

Application for termination of The Youth Emergency Services Certified Agreement July 2008 (CA/2008/38).

[1] An application has been made under Schedule 3, Item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and s.225 of the Fair Work Act 2009 (“the Act”)to terminate The Youth Emergency Services Certified Agreement July 2008 (CA/2008/38) (the Agreement). The nominal expiry date of the Agreement was 26 June 2011.

[2] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated under s.225 of the Act:

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

[4] The termination of the Agreement is approved with effect from 12 July 2017.

COMMISSIONER

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