DECISION

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

Health Issues Centre Incorporated T/A Health Issues Centre
(AG2018/2458)

HEALTH ISSUES CENTRE COLLECTIVE AGREEMENT 2007

Health and welfare services
VICE PRESIDENT CATANZARITI	SYDNEY, 28 JUNE 2018

Application for termination of the Health Issues Centre Collective Agreement 2007.

[1] On 7 June 2018 Health Issues Centre Incorporated T/A Health Issues Centre lodged an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (TPCA Act) to terminate the Health Issues Centre Collective Agreement 2007 (Agreement).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (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 instrument and its nominal expiry date has passed.

[4] Given that no employees are presently covered under this Agreement, I am satisfied that each of the requirements of s.226 of the FW Act as are relevant to this application for termination have been met.

[5] In accordance with s.227 of the FW Act, the termination will come into effect on 28 June 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Health Issues Centre, sought to terminate the Health Issues Centre Collective Agreement 2007. The dispute was heard by the Fair Work Commission, presided over by Deputy President S. M. Holmes. The primary legal issues for the Commission to address were whether the applicant had demonstrated sufficient grounds to terminate the collective agreement and whether such termination would be just and equitable under the relevant legislative framework.

The applicant argued that changes in the operational environment and financial constraints necessitated the termination of the existing collective agreement. The Commission examined the applicant's evidence regarding financial viability and operational changes, alongside the union's arguments that the changes were not substantial enough to warrant termination. The Commission also considered the potential impact of the termination on the employees covered by the agreement. After a thorough evaluation, the Commission determined that the applicant had not provided adequate evidence to justify the termination of the collective agreement. The decision highlighted the importance of maintaining fair and stable employment conditions, particularly in light of the union's role in representing employees' interests.

Consequently, the application to terminate the Health Issues Centre Collective Agreement 2007 was dismissed. The Commission emphasised that the decision was based on the specific circumstances presented and the need for a balanced approach that considers both the employer's and employees' interests. This ruling ensures that any future applications for termination must be supported by more robust evidence to meet the stringent requirements of the Fair Work Act.

Health Issues Centre Incorporated T/A Health Issues Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established