David Nanai

[2021] FWCA 5174

[2021] FWCA 5174

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

David Nanai
(AG2021/6019)

FLEXICARE AUSTRALIA LIMITED EMPLOYER GREENFIELD AGREEMENT 2007

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 20 AUGUST 2021

Application for termination of the FLEXICARE AUSTRALIA LIMITED EMPLOYER GREENFIELD AGREEMENT 2007.

[1] On the 5 July 2021, Mr David Nanai filed an application to terminate the Flexicare Australia Limited Employer Greenfield Agreement 2007 (the Agreement). The application was made pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act).

[2] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (the FW Act) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instruments and its nominal expiry date has passed.

[3] Directions were issued on 29 July 2021 for Flexible Living Ltd (the Employer) to serve a copy of the F28 Application on its employees as well as a copy of the Statutory Declaration and Directions by close of business 2 August 2021. The Directions also provided that if any employee wished to be heard on the matter, they were to file any submissions and/or evidence in relation to the Application by close of business 9 August 2021.

[4] The Applicant served a copy of the Application, Statutory Declaration and Directions on its employees on 2 August 2021.

[5] To date, no material has been received from any employees of the Applicant.

[6] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

● it is not contrary to the public interest to terminate the Agreement; and

● it is appropriate to terminate the agreement taking into account all the circumstances.

[7] In accordance with s.227 of the FW Act, the termination will take effect from 20 August 2021.

COMMISSIONER

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