Evolution Healthcare

[2015] FWCA 439

[2015] FWCA 439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Evolution Healthcare
(AG2014/11036)

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 19 JANUARY 2015

Application for termination of the South Coast Private & HSU- NSW Greensfields Enterprise Agreement 2013 - 2015.

[1] On 22 December 2014 Evolution Healthcare (“the Employer”) filed an application pursuant to s.222 of the Fair Work Act 2009 (“the Act”)to terminate the South Coast Private & HSU - NSW Greensfields Enterprise Agreement 2013 - 2015 (“the Agreement”).

[2] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

223 When FWC must approve a termination of an enterprise agreement

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

(a) 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) 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); and

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

(d) 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.

[3] Darija Simic for the Applicant provided a statutory declaration which outlined the process taken for the employees to approve the termination of the Agreement. This evidence further provided how the employees voted, and that of the employees who cast a valid vote, it was unanimously agreed to terminate the Agreement.

[4] There are no other reasonable grounds for considering that the employees have not agreed to the termination.

[5] Having considered the requirements set out in s.223 of the Act, the termination of the Agreement is approved. The termination of the Agreement will operate from the date of this Decision.

[6] In accordance with s.224 of the Act, the decision will come into effect on 26 January 2015.

COMMISSIONER

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