Positive Life NSW Incorporated T/A Positive Life NSW

[2015] FWCA 5576

[2015] FWCA 5576

FAIR WORK COMMISSION

DECISION

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

Positive Life NSW Incorporated T/A Positive Life NSW
(AG2015/4570)

POSITIVE LIFE NSW INC ENTERPRISE AGREEMENT 2011-2015

Social, community, home care and disability services
COMMISSIONER CAMBRIDGE	SYDNEY, 28 AUGUST 2015

Application for termination of the Positive Life NSW Inc Enterprise Agreement 2011-2015.

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to section 225 of the Fair Work Act 2009 (the Act). The application was made by Positive Life NSW Incorporated (the employer), and it was lodged on 7 August 2015 at Sydney.

[2] The application identified that the matter involved the proposed termination of an enterprise agreement known as the Positive Life NSW Inc Enterprise Agreement 2011 -2015 (the Agreement).

[3] The application was listed for a Hearing in Chambers on 28 August 2015. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[4] The application included a statutory declaration of Craig Cooper, Chief Executive Officer for the employer dated 9 July 2015. The statutory declaration stated, that “Termination of the Enterprise Agreement would have minimal impact on the employees affected, as they will be covered by a suitable alternative in the form of the Award in conjunction with an Additional Terms and Conditions of Employment Policy. Affected employees have determined the content of the Additional Terms and Conditions of Employment Policy to ensure there is no negative effect.”

[5] In the absence of any opposition to the application. I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the application establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

[6] Consequently I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

 
[7] In accordance with s.227 of the Act, the day on which the termination of the Agreement operates is today, 28 August 2015. An Order [PR570803] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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