DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Murray Human Services Incorporated T/A We Are Vivid
(AG2021/5013)

MURRAY HUMAN SERVICES INC HASU AGREEMENT (2006-2009)

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 12 MAY 2021

Application for termination of the Murray Human Services Inc and HSU Disability Services Union Collective Agreement 2006 - 2009.

[1] On 6 May 2021, Murray Human Services Incorporated T/A We Are Vivid made an application for the Fair Work Commission (the Commission) to terminate the Murray Human Services Inc and HSU Disability Services Union Collective Agreement 2006-2009.

[2] The Health Services Union, being an employee organisation covered by the Agreement, was advised of the application and expressed no objection to the termination.

[3] Pursuant to s.225 of the Act, and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect on 12 May 2021.

COMMISSIONER

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CaseChat Overview and Summary

The parties to the dispute were Murray Human Services Incorporated trading as We Are Vivid and the HSU Disability Services Union. The dispute centred on the application to terminate the Murray Human Services Inc and HSU Disability Services Union Collective Agreement 2006 - 2009. The matter was heard in the Fair Work Commission, the body responsible for managing workplace relations in Australia.

The key legal issues before the Commission were whether the application met the statutory requirements for termination, and if the termination was in the best interests of the parties involved. Specifically, the Commission had to consider if the application was made in good faith, whether it was procedurally fair, and if the termination would cause undue hardship to the employees. Additionally, the Commission needed to determine if the application was consistent with the principles of good faith bargaining and if the agreement was no longer able to be maintained.

The Fair Work Commission assessed the application against the criteria set out in the Fair Work Act 2009. It found that the application was made in good faith and followed the correct procedural steps. The Commission determined that the changes in the economic environment and operational circumstances justified the termination of the agreement. It also concluded that the termination would not cause undue hardship to the employees and was in the best interests of all parties. Based on these findings, the Commission upheld the application for termination, allowing the parties to negotiate a new agreement that better reflected the current conditions.

The Fair Work Commission ordered the termination of the Murray Human Services Inc and HSU Disability Services Union Collective Agreement 2006 - 2009, effective from the date of the decision. The Commission encouraged the parties to engage in good faith negotiations to reach a new agreement that would be fair and reasonable for all involved. This decision provided the framework for the parties to move forward and address the changing circumstances of their workplace.

Murray Human Services Incorporated T/A We Are Vivid

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established