Frangid Pty Ltd T/A Northwest Dental

[2021] FWCA 2354

[2021] FWCA 2354

FAIR WORK COMMISSION

DECISION

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

Frangid Pty Ltd T/A Northwest Dental
(AG2021/4424)

NORTHWEST DENTAL PRACTICE WORKPLACE AGREEMENT 2002

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 29 APRIL 2021

Application for termination of the Northwest Dental Practice Workplace Agreement 2002.

[1] Frangid Pty Ltd T/A Northwest Dental (the Applicant) has applied, pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the Northwest Dental Practice Workplace Agreement 2002 1 (the Agreement). The Agreement has passed its nominal expiry date of July 2007 and the Applicant is the employer covered by the Agreement.

[2] Section 225 of the Act provides as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.”

[3] Section 225 of the Act provides as follows:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[4] There is no employee organisation covered by the Agreement.

[5] The statutory declaration filed by the Applicant (signed 26 March 2021) declared that there are employees still covered by the Agreement.

[6] On 6 April 2021, my chambers emailed the Applicant seeking the views of the employees covered by the Agreement and that the views be provided to my chambers by 8 April 2021.

[7] The further statutory declaration filed by the Applicant (signed 7 April 2021) declared all the employees were provided with my chambers’ contact details in order to provide their views on the application to terminate the Agreement and that employees were informed that they “are of the opinion that it is good business practice to have all current Northwest Dental staff members to be covered by the same updated “Health Professionals and Support Services Award 2020”. No views have been received by my chambers to date.

[8] On 22 April 2021, the Applicant advised they were happy for the matter to be determined on the papers.

[9] Based on the material contained in the statutory declaration of Mr Francois Bothma filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in s.226(b)(i) and (ii), I consider that it is appropriate to terminate the Agreement.

[10] The termination is effective from today.

COMMISSIONER

 1   AC310573

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<AC310573  PR729036>