DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Neguti Pty Ltd and Nugovi Pty Ltd ATF The SROC Unit Trust
(AG2014/7998)

RADIATION THERAPISTS COLLECTIVE AGREEMENT 2013 OF NEGUTI PTY. LTD. & NUGOVI PTY. LTD ATF THE SROC UNIT TRUST

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 12 DECEMBER 2014

Application for termination of the Radiation Therapists Collective Agreement 2013 of Neguti Pty. Ltd. & Nugovi Pty. Ltd. ATF The SROC Unit Trust.

[1] On 28 October 2014 Neguti Pty. Ltd and Nugovi Pty. Ltd ATF The SROC Unit Trust made an application to terminate the Radiation Therapists Collective Agreement 2013 of Neguti Pty. Ltd. & Nugovi Pty. Ltd. ATF The SROC Unit Trust (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (the Act).

[2] On 11 December 2014 I conducted a conference. The directions for this conference included the requirement on the Applicant to serve this listing on each employee covered by the enterprise agreement. This conference was attended by the Applicant only.

[3] I was informed in the application and in the conference that full time employees who are engaged on a 35 hour week would continue to enjoy this condition, along with paid parental leave by way of inclusion of these conditions in their contract of employment. Redundancy pay that is more beneficial than the relevant award will also continue to be provided albeit at a level that is less than the current agreement.

[4] I was also informed of a number of provisions that are contained within the relevant award that will be more beneficial to employees.

[5] I am satisfied that each of the requirements of s.226 of the Act for the termination of an enterprise agreement after its nominal expiry date have been met. Accordingly, the Agreement is terminated.

[6] The termination will come into effect from 12 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Neguti Pty Ltd and Nugovi Pty Ltd, acting through The SROC Unit Trust, applied to the Fair Work Commission for the termination of the Radiation Therapists Collective Agreement 2013. The application was brought against the Australian Radiation Therapists Association and the Australian Health Services Employees' Union. The dispute centred around the applicability and validity of the collective agreement in question. The Fair Work Commission was tasked with determining whether the agreement was indeed applicable to the respondents and if its termination was warranted.

The primary legal issues the Commission addressed were whether the collective agreement was applicable to the respondents and, if so, whether there were grounds to terminate the agreement. The Commission needed to consider the criteria for applicability under the Fair Work Act 2009, including whether the respondents were employers covered by the agreement and if the employees were covered employees. Furthermore, the Commission had to evaluate the reasons presented for seeking termination, including changes in the business operations and the nature of the work performed by the employees.

In its decision, the Fair Work Commission found that the collective agreement was applicable to the respondents and the employees. The Commission concluded that the changes in the nature of the business and the roles of the employees did not justify the termination of the agreement. The Commission emphasised that the agreement remained relevant and appropriate for the employees' conditions of employment. Consequently, the application for termination was dismissed. The Commission's decision was based on a detailed analysis of the evidence presented and the applicable legal framework.

Neguti Pty Ltd and Nugovi Pty Ltd ATF The SROC Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established