Challenge Community Services Pty Ltd T/A Challenge Community Services

[2018] FWCA 3508

[2018] FWCA 3508

FAIR WORK COMMISSION

DECISION

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

Challenge Community Services Pty Ltd T/A Challenge Community Services
(AG2018/2168)

CHALLENGE DISABILITY SERVICES WORKPLACE AGREEMENT 2009

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 18 JUNE 2018

Application for termination of the Challenge Disability Services Workplace Agreement 2009.

[1] On 23 May 2018, Challenge Community Services Pty Ltd T/A Challenge Community Services (Applicant) made an application in the Fair Work Commission (Commission) to terminate the Challenge Disability Services Workplace Agreement 2009 (Agreement) under s.225 of the Fair Work Act 2009 (Cth)(Act).

[2] The nominal expiry date of the Agreement is 11 June 2014.

[3] On 24 May 2018, the Applicant was directed:

a) by 4:00 pm on Thursday, 31 May 2018 the applicant must email a copy of the directions to its employees and any relevant employee organisation and then file a statutory declaration in the Commission confirming compliance with these Directions; and

b) by 4:00 pm on Monday, 11 June 2018 any employee or any organisation which opposes the termination of the Agreement must file in the Commission any submissions, written statements

[4] On 30 May 2018 the Applicant filed a statutory declaration in compliance with the directions.

[5] No submissions in opposition were filed.

[6] The Applicant has requested that any termination take effect several weeks from any decision to terminate due to operational factors.

[7] Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

[8] The termination will come into effect from Monday, 23 July 2018.

COMMISSIONER

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