Melbourne Dental Clinic Ltd T/A Melbourne Dental Clinic

[2019] FWCA 58

[2019] FWCA 58

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Melbourne Dental Clinic Ltd T/A Melbourne Dental Clinic
(AG2018/2905)

MELBOURNE DENTAL CLINIC SINGLE ENTERPRISE AGREEMENT 2013 - 2017

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 7 JANUARY 2019

Application for termination of the Melbourne Dental Clinic Single Enterprise Agreement 2013 - 2017.

[1] Melbourne Dental Clinic Ltd T/A Melbourne Dental Clinic (the company) has made an application for the termination of an enterprise agreement after its nominal expiry date. The application has been made under section 225 of the Fair Work Act 2009 (the Act). The agreement is the Melbourne Dental Clinic Single Enterprise Agreement 2013 – 2017 (the Agreement). The nominal expiry date of the Agreement is 30 June 2017.

[2] Section 226 of the Act provides that the Commission must terminate an agreement following an application made under section 225 if:

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

(b) 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.”

[3] A statutory declaration was received from Ms Gabrielle Wood, HR Manager of the company, dated 27 June 2018. The statutory declaration outlined the grounds of the application. These were that the proposed new agreement will cover levels 1-3 employees but not level 4 employees. Once the proposed agreement is approved, this Agreement will continue to apply to Level 4 employees until it is replaced or terminated. I note that the proposed agreement was approved 1 by the Commission on 24 October 2018.

[4] The statutory declaration explained that there were three level 4 employees out of a total of 27 employees and that these employees were subject to individual contracts of employment. As the contracts of employment contain the terms and conditions provided by the Agreement, it was stated that the terms and conditions of the level 4 employees would not be reduced by the termination of the Agreement.

[5] The three employees affected by the proposed termination have each provided signed statements that they support the termination of the Agreement.

[6] No submissions that the termination of the Agreement would be contrary to the public interest have been received.

[7] On the basis of the material before me, I am satisfied that the termination of the Agreement would not be contrary to the public interest. Further, I have considered the circumstances of the matter and have concluded that termination of the Agreement is appropriate.

[8] Therefore, in accordance with section 226 of the Act, I must terminate the Agreement. The application to terminate the Agreement is approved.

[9] The termination will take effect from today’s date, Monday 7 January 2019.

 1   [2018] FWCA 6526

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