Medibank Health Solutions Pty Ltd The Travel Doctor - TMVC Pty Ltd Work Solutions Australia Pty Ltd

[2013] FWCA 2588

[2013] FWCA 2588

FAIR WORK COMMISSION

DECISION

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

Medibank Health Solutions Pty Ltd
The Travel Doctor - TMVC Pty Ltd
Work Solutions Australia Pty Ltd
(AG2013/6108)

MEDIBANK HEALTH SOLUTIONS DIVISION ENTERPRISE AGREEMENT 2010-2012

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 29 APRIL 2013

Application for termination of the Medibank Health Solutions Division Enterprise Agreement 2010-2012.

[1] An application has been made for approval of a termination an enterprise agreement known as the Medibank Health Solutions Division Enterprise Agreement 2010-2012 (“the Agreement”). The application has been made pursuant to s.222 of the Fair Work Act 2009 (“the Act”) by Medibank Health Solutions Pty Ltd, The Travel Doctor - TMVC Pty Ltd and Work Solutions Australia Pty Ltd, which are covered by the Agreement and trade as a single enterprise, Medibank Health Solutions (collectively, “the applicant”).

[2] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to an application made under s.222:

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

[3] Denise Moore, General Manager of People and Culture of the applicant provided a statutory declaration which outlined the process taken for the employees to approve the termination of the Agreement. This evidence further provided how the employees voted, and that of the employees who cast a valid vote, a majority agreed to terminate the Agreement.

[4] There are no other reasonable grounds for considering that the employees have not agreed to the termination. The three employee organisations covered by the Agreement did not object to the application to terminate the Agreement.

[5] Having considered the requirements set out in s.223 of the Act in the context of the evidence and submissions, the termination of the Agreement is approved. The termination of the Agreement will operate from 6 May 2013.

COMMISSIONER

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