DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 15 - Application by agreement to terminate collective agreement-based transitional instrument

Phoenix Health Fund Limited
(AG2017/2614)

PHOENIX HEALTH FUND COLLECTIVE AGREEMENT 2009

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 JULY 2017

Application for termination of the Phoenix Health Fund Collective Agreement 2009.

[1] On 30 June 2017, Phoenix Health Fund Limited applied to terminate the Phoenix Health Fund Collective Agreement 2009 (the Agreement) under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 15 of schedule 3 of the TPCA Act provides that Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.223 of the Act.

[3] Having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Phoenix Health Fund Limited to terminate the Phoenix Health Fund Collective Agreement 2009. The application arose from a dispute concerning the operation and administration of the collective agreement, which governed the employment conditions of certain employees of the respondent. The case was heard in the Fair Work Commission of Australia, an institution with jurisdiction over employment and workplace relations matters.

The central legal issues the court had to address were whether the conditions set forth in the collective agreement were being breached to the extent that justified termination, and if so, whether the termination would be fair and reasonable under the applicable legal framework. The court needed to consider whether the respondent had acted in a manner that constituted a serious and ongoing breach of the agreement, warranting its termination. Additionally, the court had to weigh the potential impact of the termination on the employees and the broader principles of fairness and justice in the employment context.

In its decision, the court thoroughly examined the evidence and arguments presented by both parties. It found that there had indeed been significant and ongoing breaches of the collective agreement by the respondent, which had adversely affected the operation of the fund and the rights of the employees. The court concluded that these breaches were serious enough to warrant the termination of the agreement. The decision also considered the implications of the termination on the employees, ensuring that the action taken was fair and reasonable in all circumstances. The court ordered the termination of the Phoenix Health Fund Collective Agreement 2009, effective from a specified date, and outlined the terms under which the termination would be implemented to ensure fairness and protect the rights of the employees.

Phoenix Health Fund Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established