Mission Australia

[2013] FWC 1656

[2013] FWC 1656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318—Transfer of instrument

Mission Australia
(AG2013/5541)

VICE PRESIDENT WATSON SYDNEY, 18 MARCH 2013

Transfer of business - transferring employees - Fair Work Act 2009 - ss.318, 319.

[1] This decision, edited from the transcript on 15 March 2013, concerns an application by Mission Australia pursuant to s. 318 of the Fair Work Act 2009 (the Act) for two orders relating to the industrial instruments to apply to transferring employees consequent upon the transfer of business from Choose Foundation Limited trading as Choose Employment (Choose Employment) to Mission Australia.

[2] For the purposes of deciding this matter I am required to have regard to a number of factors in s. 318(3) of the Act. I also have regard to the objects of the Part in section 309, although in the circumstances there might not be an issue of protection of employees’ terms and conditions given the superior terms and conditions applying under the Mission Australia enterprise agreement.

[3] In considering the matters referred to in s. 318(3) I am satisfied that the new employer and the employees support the making of the orders made. On the basis of the comparison of terms and conditions contained in the material provided, I am satisfied that employees would not be disadvantaged by the making of the orders.

[4] I note that the Choose Employment enterprise agreement has passed its nominal expiry date and that it would appear to be more appropriate that the employees are covered by a more recent agreement that has a period of operation ahead of it. In terms of the operations of the employer I can see the desirability of having a single set of terms and conditions applying to all employees and the various consequences for equity and efficiency that flow from that circumstance. In all those circumstances I also consider it to be in the public interest that the order be made.

[5] For the above reasons I grant the application and make the orders in the terms sought in the application.

VICE PRESIDENT WATSON

Appearances:

Mr R. Davidson for Mission Australia.

Hearing details:

2013.

Sydney.

March, 15.

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