Finniss Street Physiotherapy and Sports Injury Clinic Pty Ltd T/A PhysioXtra Marion

[2021] FWCA 395

[2021] FWCA 395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Finniss Street Physiotherapy and Sports Injury Clinic Pty Ltd T/A PhysioXtra Marion
(AG2020/3627)

PHYSIOXTRA PHYSIOTHERAPIST ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 28 JANUARY 2021

Application for termination of the Physioxtra Physiotherapist Enterprise Agreement 2015.

[1] On 27 November 2020, Finniss Street Physiotherapy and Sports Injury Clinic Pty Ltd T/A PhysioXtra Marion (the Applicant) made an application to terminate the Physioxtra Physiotherapist Enterprise Agreement 2015 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] I note Clause 2 of the Agreement provides that the following employers are covered by the Agreement:

•  FINNISS STREET PHYSIOTHERAPY AND SPORTS INJURY Pty Ltd (ABN 20 088 120 576) Trading as PhysioXtra Marion (Marion)

•  PHYSIOXTRA HALLET COVE Pty Ltd (ABN 66 105 528 087) (Hallett Cove)

•  Bowden City Practice Trust & Bradley & Rebecca Investments Trust & Chigwidden City Practice Trust & Whitford City Practice Trust (ABN 39 783 831 002) Trading as PHYSIOXTRA PIRIE STREET (Pirie Street)

•  Kevin Whitford & Kerry Bungey ABN (84 729 553 152) Trading as PHYSIOXTRA NORWOOD SPORTS & SPINAL CLINIC (Norwood)

•  Lukertree Trust ABN (26 886 771 618) Trading as PHYSIOXTRA SOUTH COAST (South Coast)

[3] On 8 December 2020, I held a telephone conference with the Applicant seeking further clarification about the representatives and position of the employers bound by the Agreement other than PhysioXtra Marion, I also required all of the employees of the employing entities to be provided information about the application, its likely impact and that they be invited to attend the next hearing.

[4] The matter was listed for Hearing on 28 January 2021, all entities and employees covered by the Agreement were invited to attend.

[5] On 29 December 2020, Mr Chigwidden provided copies of correspondence provided to all the employees by email as to the impact of the Application.

[6] On 28 January 2021, a Hearing took place via Microsoft Teams. Mr Tom Corbett appeared on behalf of Hallett Cove, Mr Robert Bowden appeared on behalf of Hallett Cove and Pirie Street, Ms Rebecca Ebert appeared on behalf of Pirie Street, Ms Kerry Bungey appeared on behalf of Norwood, Ms Kathyrn Chigwidden appeared on behalf of Marion and Mr Nick Chigwidden appeared on behalf of the Applicant. An email was provided on behalf of South Coast who advised that it no longer operates a clinic as part of the PhysioXtra group and as such is happy to have the existing Agreement cancelled.

[7] No other employer entity objected to the termination of the Agreement.

[8] No employee attended the hearing.

[9] Pursuant to s.225 of the Act, I am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[10] The termination will come into effect from 28 January 2021.

COMMISSIONER

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