Community Lifestyles Agency Inc.

[2018] FWCA 7148

[2018] FWCA 7148

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument

Community Lifestyles Agency Inc.
(AG2018/5842)

COMMUNITY LIFESTYLES AGENCY INC., - AWU - CERTIFIED AGREEMENT [CA616 OF 2004]

Social, community, home care and disability services
COMMISSIONER BOOTH	BRISBANE, 21 NOVEMBER 2018

Application for termination of the Community Lifestyles Agency Inc., - AWU - Certified Agreement.

[1] An application has been made under Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act) to terminate the Community Lifestyles Agency Inc., - AWU - Certified Agreement (the Agreement). The nominal expiry date of the Agreement was 1 September 2007.

[2] Schedule 3 Item 15 of theTCPA Actprovides that Subdivision C of Division 7 of Part 2-4 of the Act applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement- based transitional instrument.

[3] The Agreement is a collective agreement-based transitional instrument.

[4] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated under s.222 of the Fair Work Act 2009 (the Act):

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 222, the FWC must terminate the agreement if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote);

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.

[5] Based on the material that is before me, I am satisfied that the requirements of s.223 for the termination of an enterprise agreement have been met.

[6] The termination of the Agreement is approved with effect from 23 November 2018.

COMMISSIONER

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