Community Housing Limited T/A Community Housing Ltd

[2019] FWCA 7317

[2019] FWCA 7317

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Community Housing Limited T/A Community Housing Ltd
(AG2019/3712)

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 23 OCTOBER 2019

Application for termination of the Northern Suburbs Housing Cooperative Inc - Enterprise Agreement 2005.

[1] On 30 September 2019, Community Housing Limited T/A Community Housing Ltd made an application pursuant to Schedule 3 item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) to terminate the Northern Suburbs Housing Cooperative Inc. - Enterprise Agreement 2005 (the Agreement). The effect of the Transitional Act is that the application is dealt with as if it were made under Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a collective agreement-based transitional instrument with a nominal expiry date of 4 October 2008.The Agreement covers 2 employees.

[3] Attached to the application was a Statutory Declaration of Ms Bronwyn Williams, Senior HR Advisor, which is relevantly summarised as follows:

•  On 1 October 2018, Northern Suburbs Housing Community Inc (NSHC) merged with Community Housing Limited (CHL) and now operates as Community Housing Limited.

•  Two employees transferred from NSHC to CHL at the time of the merger.

•  On 17 April 2019, Ms Williams met with the two employees covered by the Agreement to discuss in person the proposed termination of the Agreement.

•  On 13 September 2019, Ms Williams contacted the two employees via telephone to discuss the proposed termination of the Agreement.

•  On 13 September 2019, a letter was sent to the two employees outlining the proposed termination and providing information as to the changes of their terms and conditions of employment. The letter advised that there would be a secret ballot.

•  On 18 September 2019, the employees were provided with a letter by email detailing the time and place of the vote.

•  On 19 September 2019, the secret ballot was conducted.

•  Both employees voted to approve termination of the Agreement.

[4] On 18 October 2019, I conducted a Conference by telephone with the parties. Following the Conference, the Respondent’s representative provided a copy of a Memorandum of Understanding which covers the transfer of assets and employees from NSHC to CHL and the subsequent winding up of NSHC and the voting slips of the employees.

[5] The two employees covered by the Agreement were provided with the opportunity to provide their views. Both employees contacted my Chambers in writing and advised that they voted and agreed on the termination of the Agreement and understood that their terms and conditions of employment would be covered by the Social, Community, Home Care and Disability Services Award.

[6] I have considered and am satisfied that each of the requirements contained in s.222 and s.223 of the Act have been met. I consider that it is appropriate to terminate the Agreement.

[7] The termination will come into effect from the date of this decision.

COMMISSIONER

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