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

[2014] FWCA 9033

[2014] FWCA 9033

FAIR WORK COMMISSION

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

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