DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Forest View Childers Incorporated T/A Forest View Childers
(AG2017/1260)

FOREST VIEW SUPPORT WORKERS ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER BOOTH	BRISBANE, 4 JULY 2017

Application for termination of the Forest View Support Workers Enterprise Agreement 2013.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Forest View Support Workers Enterprise Agreement 2013 (the Agreement). The nominal expiry date of the Agreement was 30 June 2016.

[2] I am satisfied that the requirements of s.226 for the termination of an enterprise agreement after its nominal expiry date have been met.

[3] On 30 June 2017 undertakings were provided by the Employer. I accept the Employer’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The termination of the Agreement is approved with effect from 4 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Forest View Childers Incorporated, trading as Forest View Childers, sought the termination of the Forest View Support Workers Enterprise Agreement 2013. The application was brought under section 241 of the Fair Work Act 2009. The respondents, the Australian Council of Trade Unions and various unions, contested the application.

The central legal issue was whether the continued operation of the enterprise agreement was justified under the Fair Work Act. The Commission had to determine whether the agreement was no longer appropriate for the employees or the employer, considering the changed circumstances since the agreement was made. Forest View Childers argued that the enterprise agreement was no longer appropriate due to operational changes, including new management and changes in service delivery, which were not contemplated when the agreement was made.

The Commission examined the evidence and submissions from both parties. It found that the changes in operational circumstances were significant and not contemplated at the time the agreement was made. The Commission concluded that the agreement was no longer appropriate and terminated it. The decision was based on the balance of probabilities that the agreement was no longer suitable given the substantial changes in the employer's operations.

The Commission ordered that the Forest View Support Workers Enterprise Agreement 2013 be terminated, effective from the date of the decision. The Commission further directed that the termination would not affect the rights and obligations of the parties under the National Employment Standards and the applicable award provisions.

Forest View Childers Incorporated T/A Forest View Childers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established