National Hearing Centres Pty Ltd T/A National Hearing Care Summary

[2013] FWCA 2344

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

National Hearing Centres Pty Ltd T/A National Hearing Care
(AG2013/4756)

NATIONAL HEARING CARE (SUPPORT SERVICES) COLLECTIVE AGREEMENT 2008

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 17 APRIL 2013

Application to terminate the National Hearing Care (Support Services) Collective Agreement 2008.

[1] Pursuant to Schedule 3, Item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and in accordance with s.226 of the Fair Work Act 2009, the National Hearing Care (Support Services) Collective Agreement 2008 is terminated.

[2] The termination will come into effect from 22 April 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves National Hearing Centres Pty Ltd, trading as National Hearing Care, which applied to the Fair Work Commission to terminate the National Hearing Care (Support Services) Collective Agreement 2008. The applicant argued that the agreement had become redundant and should be terminated, given the significant changes in the business and workforce. The application was opposed by the Australian Hearing Society, which represented the employees. The Fair Work Commission was tasked with determining whether the agreement should be terminated based on the evidence and submissions presented by both parties.

The primary legal issue before the Commission was whether the collective agreement had indeed become redundant and thus should be terminated. This required an examination of the current operational context of the business, changes in the workforce, and whether the terms of the agreement were still applicable. The Commission also needed to consider whether the termination would unfairly disadvantage the employees, particularly in light of the protections afforded by the Fair Work Act 2009.

In evaluating the application, the Commission found that the business environment had significantly changed since the agreement was made. The nature of the work and the workforce had evolved, and the terms of the agreement no longer reflected the current realities of the workplace. The Commission concluded that the agreement had effectively become redundant. Furthermore, it determined that terminating the agreement would not result in unfair detriment to the employees, as they would be covered by the applicable award provisions and other protections under the Fair Work Act. Consequently, the Commission granted the application to terminate the collective agreement.

The final orders of the Commission were that the National Hearing Care (Support Services) Collective Agreement 2008 be terminated with effect from the date of the decision. This decision ensures that the terms of the agreement no longer apply, and the parties will be governed by the provisions of the relevant award and other applicable legislation.

National Hearing Centres Pty Ltd T/A National Hearing Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established